§ 150B-39. Depositions; discovery; subpoenas. - North Carolina Statutes

§ 150B‑39. Depositions; discovery; subpoenas.

(a)        A deposition may be used in lieu of other evidence whentaken in compliance with the Rules of Civil Procedure, G.S. 1A‑1. Parties in a contested case may engage in discovery pursuant to the provisionsof the Rules of Civil Procedure, G.S. 1A‑1.

(b)        Upon a request for an identifiable agency record involving amaterial fact in a contested case, the agency shall promptly provide the recordto a party, unless the record relates solely to the agency's internal proceduresor is exempt from disclosure by law.

(c)        In preparation for, or in the conduct of, a contested casesubpoenas may be issued and served in accordance with G.S. 1A‑1, Rule45.  Upon a motion, the agency may quash a subpoena if, upon a hearing, theagency finds that the evidence, the production of which is required, does notrelate to a matter in issue, the subpoena does not describe with sufficientparticularity the evidence the production of which is required, or for anyother reason sufficient in law the subpoena may be quashed.  Witness fees shallbe paid by the party requesting the subpoena to subpoenaed witnesses inaccordance with G.S. 7A‑314.  However, State officials or employees whoare subpoenaed shall not be entitled to any witness fees, but they shallreceive their normal salary and they shall not be required to take any annualleave for the witness days.  Travel expenses of State officials or employeeswho are subpoenaed shall be reimbursed as provided in G.S. 138‑6. (1985, c. 746, s. 1; 1991, c. 35, s. 8.)