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Board moves to allow subpoenas issued by board and court enforcement on noncompliance
Summary
The board added explicit language allowing it to issue subpoenas on its initiative and to direct its legal advisor, by majority vote, to ask a court of competent jurisdiction to enforce subpoenas when necessary; members removed a specific 'civil contempt' phrase pending legal review.
The Board of Appeals approved draft language to make the board's subpoena authority explicit and to provide a path for court enforcement when subpoenas are not complied with. The chair said the change was modeled on existing administrative procedures and hearing‑examiner practice and asked the board to authorize its legal advisor to pursue enforcement through a court of competent jurisdiction after a majority vote directing that step.
Members agreed the decision to seek court enforcement should require board approval and that the rule should not vest unilateral subpoena power in the chair. The draft removes a specific reference to "civil contempt citation" and instead directs the board's legal advisor to seek enforcement from an appropriate court if necessary; the board asked Office of Law to review exact statutory mechanics before finalizing the text.
