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Title 2 . Administration
Chapter 36 . Public Information
Section 117. Subpoenas and preservation of testimony

2 AAC 36.117. Subpoenas and preservation of testimony

(a) The board shall issue subpoenas on its own initiative or at the request of a arty before the board, including subpoenas duces tecum. Requests or subpoenas made before a hearing begins must be directed to the secretary of the board, who shall sign the subpoena. Requests for subpoenas made after a hearing begins must be directed to the board chair, who shall sign the subpoena.

(b) A subpoena issued by the board will be signed and sealed but will otherwise be blank. The party requesting the subpoena is responsible for filling out the subpoena, including the name of the witness and the documents or other physical items that the witness must bring, and for serving the subpoena. Service of the subpoena is governed by the terms of Rule 45 of the Alaska Rules of Civil Procedure and Rule 9 of the Alaska Rules of Administration.

(c) A person served with a subpoena or a subpoena duces tecum under this section may seek to quash the subpoena, in whole or in part, or to impose conditions on a subpoena duces tecum, by filing a written request to quash or to impose conditions with the secretary of the board if the written request is made before the commencement of the hearing, or by filing a written request with the board chair, or by appearing before the board, if the request is made after the commencement of the hearing. Grounds for seeking to quash a subpoena include lack of reasonable time for compliance and unreasonable or oppressive request for documents or other physical items. A request to impose conditions on a subpoena duces tecum may ask that the person issuing the subpoena bear part or all of the costs of producing the documents or other physical items. The board may allow the person requesting the subpoena to respond to the request to quash or to impose conditions, either in writing or orally, and may order that any response be in writing. The board will consider the request to quash or to impose conditions at the board's earliest convenience, and may consider the request at a telephonic meeting. If the request and any response are both in writing, the board may elect not to allow oral argument on the request. A meeting to consider a request to quash or to impose conditions is not subject to AS 44.62.310 because of AS 44.62.310 (d)(1).

(d) Upon a showing of good cause, including a showing that the board is not likely to compel a person to attend and testify at a hearing through the issuance of a subpoena, the board will issue an order compelling that person to appear for a deposition. The provisions of AS 44.62.440 (b), Rule 45 of the Alaska Rules of Civil Procedure, and Rule 9 of the Alaska Rules of Administration apply to orders issued under this subsection, except that the superior court order required by AS 44.62.440 (b) shall be obtained by the party seeking to take the deposition.

(e) In this section, "subpoenas duces tecum" means subpoenas that require a person to bring with the person documents or other physical items specified in the subpoena.

History: Eff. 9/29/2001, Register 159

Authority: AS 14.25.022

AS 14.25.035

AS 14.25.037


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Last modified 7/05/2006