relative to authorizing hearing officers of the department of education to issue subpoenas.

New subpoena rules for educator conduct cases

Beginning January 1, 2026, New Hampshire education hearing officers can issue subpoenas requiring people to appear or provide records. The commissioner or a designee can request them to investigate possible conduct-code violations by certified educators. The Department must show a good-faith investigation and that the requested information is reasonably likely to matter to the case. After service, subpoenas must allow at least 48 hours for people to appear and 15 days to provide records or materials. Recipients have 10 days after service to ask the hearing officer to cancel or change a subpoena. The officer must consider that request and any response promptly, then set a compliance deadline for any portion enforced. Licensees and certified individuals receive subpoenas by hand or certified mail at their address on file with the Department. They receive no witness or mileage fees for that service. For people without a license or certification, superior court service procedures and fee schedules apply. Their subpoenas must state that the Department's Bureau of Credentialing guarantees fees. In a formal hearing over an alleged violation, either the Department or the accused educator can request witness or records subpoenas. Both sides must have access to subpoenaed evidence that matters to that hearing. The party requesting a hearing subpoena pays its issuing costs unless the hearing officer orders otherwise.