[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR636.7]

[Page 326]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 636--COMPLAINTS, INVESTIGATIONS AND HEARINGS--Table of Contents
 
Sec. 636.7  Subpoenas.

    (a) Subpoenas in non-Inspector General investigations. (1) The 
Department, through the appropriate Assistant Secretary, may issue a 
subpoena directing the person named therein to appear before a 
designated representative at a designated time and place to verify or to 
produce documentary evidence, or both, relating to any matter arising 
under the Act being investigated. The Assistant Secretary, Solicitor or 
the Associate Solicitor for Employment and Training Legal Services, for 
good cause shown, may extend the time prescribed for compliance with 
such subpoenas.
    (2) Any motion to limit or quash any investigational subpoena shall 
be filed with the Chief Administrative Law Judge within 10 days after 
service of the subpoena, or, if the return date is less than 10 days 
after service of the subpoena, within such other time as may be allowed 
by the assigned Administrative Law Judge.
    (3) The timely filing of a motion to limit or quash an 
investigational subpoena shall stay the requirement of a return on the 
portion challenged. If the Administrative Law Judge rules subsequent to 
the return date, and the ruling denies the motion in whole or in part, 
the Administrative Law Judge shall specify a new return date.
    (4) All motions to limit or quash subpoenas, and the responses 
thereto, shall be part of the public record of the Office of the 
Administrative Law Judges except as otherwise ordered or provided under 
these regulations.
    (b) Noncompliance. (1) In cases of failure to comply with compulsory 
processes, appropriate action may be initiated including actions for 
enforcement, forfeiture, penalties or criminal actions.
    (2) The Solicitor of Labor, with the consent of the Attorney 
General, may:
    (i) Institute in the appropriate district court on behalf of the 
Department an enforcement proceeding in connection with the failure or 
refusal of a person, partnership, corporation, recipient or other entity 
to comply with or to obey a subpoena if the return date or any extension 
thereof has passed; or
    (ii) Request on behalf of the Department the institution of civil 
actions, as appropriate, if the return date or any extension thereof has 
passed including seeking civil contempt in cases where a court order 
enforcing compulsory process has been violated.