(a) A deposition may be used in lieu of other evidence when taken in compliance with
the Rules of Civil Procedure, G.S. 1A-1. Parties in a contested case may engage in discovery pursuant to the provisions of
the Rules of Civil Procedure, G.S. 1A-1.
(b) Upon a request for an identifiable agency record involving a material fact in
a contested case, the agency shall promptly provide the record to a party, unless
the record relates solely to the agency's internal procedures or is exempt from disclosure
(c) In preparation for, or in the conduct of, a contested case subpoenas may be issued
and served in accordance with G.S. 1A-1, Rule 45. Upon a motion, the agency may quash a subpoena if, upon a hearing, the agency finds
that the evidence, the production of which is required, does not relate to a matter
in issue, the subpoena does not describe with sufficient particularity the evidence
the production of which is required, or for any other reason sufficient in law the
subpoena may be quashed. Witness fees shall be paid by the party requesting the subpoena to subpoenaed witnesses
in accordance with G.S. 7A-314. However, State officials or employees who are subpoenaed shall not be entitled to
any witness fees, but they shall receive their normal salary and they shall not be
required to take any annual leave for the witness days. Travel expenses of State officials or employees who are subpoenaed shall be reimbursed
as provided in G.S. 138-6.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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