| (a) On behalf of a subpoenaed witness, a party may
move to quash a subpoena or for a protective order. A party that moves
to quash a subpoena must serve the motion on the other party at the
time the motion is filed with SOAH.
(b) A party may seek an order from the judge at any
time after the motion to quash or motion for protective order has
been filed.
(c) In ruling on motions to quash or for protection,
the judge must provide a person served with a subpoena an adequate
time for compliance, protection from disclosure of privileged material
or information, and protection from undue burden or expense. The judge
also may impose reasonable conditions on compliance with a subpoena.
(d) If a subpoena request is denied or if a subpoena
is quashed, any witness fee or mileage reimbursement fee that has
been tendered to a witness shall be returned to the party that tendered
the fees except that, if a subpoena is quashed after a witness has
already appeared for a hearing, the party that subpoenaed the witness
must tender the witness fee check to the witness.
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