[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.13]

[Page 933-934]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283--APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
           Subpart B--Appeals of QC Claims of $50,000 or More
 
Sec. 283.13  Subpoenas.

    (a) Issuance of subpoenas. The attendance and testimony of witnesses 
and the production of documentary evidence from any place in the United 
States on behalf of any party to the appeal may be required by subpoena 
at the designated place of hearing. Except for cause shown, requests for 
subpoenas shall be filed at least 15 days prior to the date of the 
hearing. Subpoenas shall be issued by the ALJ, over the facsimile 
signature of the Secretary, upon a reasonable showing by the applicant 
of the grounds, necessity and reasonable scope thereof.
    (b) Service of subpoenas. (1) When the ALJ issues a subpoena under 
this section, the party who requested such subpoena shall serve all 
other parties with a copy of the subpoena, notice of the names and 
addresses of the individuals subpoenaed and specify any documents 
required to be produced.
    (2) Subpoenas may be served:
    (i) By a U.S. Marshal or deputy marshal,
    (ii) By any other person who is not less than 18 years of age, or
    (iii) By registering and mailing a copy of the subpoena addressed to 
the person to be served at the last known principal place of business or 
residence.
    (3) Proof of service may be made:
    (i) By the return of service on the subpoena by the U.S. Marshal or 
deputy marshal,
    (ii) If served by an employee of the Department, by a certificate 
stating that he personally served the subpoena upon the person named 
therein,
    (iii) If served by another person, by an affidavit of such person 
stating that he personally served the subpoena upon the person named 
therein, or
    (iv) If service was by registered mail, by an affidavit made by the 
person mailing the subpoena that it was mailed as provided herein and by 
the signed return post-office receipt. Where the subpoena is issued on 
behalf of the Secretary and service is by mail, the

[[Page 934]]

return receipt without an affidavit or certificate of mailing shall be 
sufficient proof of service.
    (4) In making personal service, the person making service shall 
leave a copy of the subpoena with the person subpoenaed, or, if such 
person is not immediately available, with any other responsible person 
authorized to accept service residing or employed at the place of 
residence or business of the person subpoenaed.
    (5) The original of the subpoena, bearing or accompanied by the 
required proof of service, shall be returned to the official who issued 
the same. The party at whose request the subpoena is issued shall be 
responsible for the service thereof.