[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.26]

[Page 192]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart C--Hearings
 
Sec. 44.26  Subpoenas; witness fees.

    (a) Except as provided in paragraph (b) of this section, the Chief 
Administrative Law Judge or the presiding administrative law judge, as 
appropriate, shall issue subpoenas upon written application of a party 
requiring attendance of witnesses and production of relevant papers, 
books, documents, or tangible things in their possession and under their 
control. A subpoena may be served by any person who is not a party and 
is not less than 18 years of age, and the original subpoena bearing a 
certificate of service shall be filed with the administrative law judge. 
A witness may be required to attend a deposition or hearing at a place 
not more than 100 miles from the place of service.
    (b) If a party's written application for subpoena is submitted 3 
working days or less before the hearing to which it relates, a subpoena 
shall issue at the discretion of the Chief Administrative Law Judge or 
presiding administrative law judge, as appropriate.
    (c) Any person served with a subpoena may move in writing to revoke 
or modify the subpoena. All motions to revoke or modify shall be served 
on the party at whose request the subpoena was issued. The 
administrative law judge shall revoke or modify the subpoena if in his 
opinion the evidence required to be produced does not relate to any 
matter under investigation or in question in the proceedings; the 
subpoena does not describe with sufficient particularity the evidence 
required to be produced; or if for any other reason, sufficent in law, 
the subpoena is found to be invalid or unreasonable. The administrative 
law judge shall make a simple statement of procedural or other grounds 
for the ruling on the motion to revoke or modify. The motion to revoke 
or modify, any answer filed thereto, and any ruling thereon shall become 
a part of the record.
    (d) Witnesses subpoened by any party shall be paid the same fees for 
attendance and mileage as are paid in the District Courts of the United 
States. The fees shall be paid by the party at whose instance the 
witness appears.