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Changes to Existing Law

HB1234Revise provisions related to serving a subpoena in a contested case.

1 section modified+658-0
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§ 1-26

New Section
+658
NEW SECTION added to Chapter 1-26
Before a subpoena commanding the production of documentary evidence pursuant to § 1-26-19.1 is served on the person to whom it is directed, a notice and copy of the subpoena must be served on each party to the matter pending. The hearing examiner or administrative law judge, upon motion made promptly and at or before the time specified in the subpoena for compliance with the subpoena, may: (1) Quash or modify the subpoena if it is unreasonable and oppressive; or (2) Condition denial of the motion upon the advancement, by the person in whose behalf the subpoena is issued, of the reasonable cost of producing the records, books, papers, or documents. 12