(a) Processes issued under this article extend to all parts of the state.

(b) Subpoena. Service of a subpoena is made by showing the original and delivering a copy to the witness personally.

(c) Subpoena Duces Tecum. Service of a subpoena duces tecum is made by showing the original and delivering a copy to the person having possession or control of the documentary evidence. A copy of the declaration in support of a subpoena duces tecum is invalid if the declaration in support of subpoena duces tecum is not served on the person at the same time as the subpoena duces tecum.

(d) By Whom Made. Services may be made by any person eighteen years of age or older.

(e) Time Limits. Service shall be made not later than two (2) days before the hearing unless good cause for later service is shown.

(f) Obligation of Witness to Attend. A person is obliged to attend a return or rescission hearing as a witness pursuant to a subpoena or a subpoena duces tecum at any place within the county of residence or which is less than 50 miles from the witness' residence. Witnesses shall be paid fees and mileage at the rate provided in Government Code Section 68093.

(g) Custodian of Records. The custodian of records may upon receiving a subpoena duces tecum mail a true, legible, and durable copy of all the records described in the subpoena duces tecum. The records shall be accompanied by the affidavit of the custodian.

(h) Affidavit of Custodian. The affidavit shall state that the affiant is the custodian of the records and is authorized to certify the records that the copy is a true copy of the records described in the subpoena duces tecum, and that the records were prepared in the ordinary course of business.

(i) Attendance Required. The custodian of records shall attend the hearing and produce original records only when the subpoena duces tecum contains a clause to that effect.

(j) Failure to Comply. If a witness fails to comply with a subpoena or a subpoena duces tecum, the Narcotic Addict Evaluation Authority may petition the Superior Court in the county of which the hearing is pending for an order compelling compliance.

(k) Request to Quash. The Civil Addict Legal Processing Unit, upon a request, timely and reasonably made, may quash a subpoena or subpoena duces tecum entirely, modify it or direct compliance with it upon terms or conditions. The request to quash shall be made to the Civil Addict Legal Processing Unit.

(l) Criteria. The Civil Addict Legal Processing Unit shall consider the objections to a subpoena or a subpoena duces tecum in light of all available information. The guiding principles shall be to protect witnesses from unreasonable and oppressive demands and to ensure their safety.

(m) Final Responsibility. The Chairperson of the Narcotic Addict Evaluation Authority has final responsibility for deciding whether to issue a subpoena or a subpoena duces tecum and whether to grant or deny a request to quash a subpoena or a subpoena duces tecum. The Chairperson of the Narcotic Addict Evaluation Authority may delegate these decisions to the Civil Addict Legal Processing Unit staff.