Section 930-X-1-.21 - Subpoena Power, Witness And PreTrial Proceedings (Alabama Administrative Code)

§ 930-X-1-.21. Subpoena Power, Witness And PreTrial Proceedings

(1) Any member of the Board in matters under investigation or in any disciplinary proceeding, may administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of any books, records, papers or documents. Subpoenas shall be issued by the Executive Director of the Alabama State Board of Veterinary Medical Examiners.

(2) Subpoenas shall clearly indicate on their face that the subpoenas are issued in connection with a confidential proceeding under these rules and that it is regarded as contempt of the Board enforceable by a court or grounds for discipline under these rules for a person subpoenaed to breach in any way the confidentiality of the proceedings. It shall not be regarded as breach of confidentiality for a person subpoenaed to consult with an attorney.

(3) Any circuit court may, upon proper application, enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Subpoena and witness fees and mileage shall be the same as in the circuit court in civil cases.

(4) Any attack on a subpoena so issued shall be heard and determined by the Board or by the court wherein enforcement of the subpoena is being sought.

(5) With the approval of the Board, testimony may be taken by deposition if the witness is not subject to service of subpoena or is unable to attend or testify at the hearing because of age, illness or other infirmity. A complete record of the testimony as taken shall be made and kept.

(6) The subpoenas and deposition procedures shall be subject to the protective requirements of confidentiality provided in Chapter 930-X-1-.27. herein.

Author: Alabama State Board of Veterinary Medical Examiners

(Repealed and New Rule: Filed December 18, 1997; effective January 22, 1998.)

Statutory Authority: Code of Ala. 1975, § 342-9-69.

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