[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.23]

[Page 80]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.23  Subpoenas for attendance at hearing.

    (a) A party wishing to procure the appearance and testimony of any 
individual at the hearing may request that the ALJ issue a subpoena.
    (b) A subpoena requiring the attendance and testimony of an 
individual may also require the individual to produce documents at the 
hearing.
    (c) A party seeking a subpoena shall file a written request therefor 
not less than 15 days before the date fixed for the hearing unless 
otherwise allowed by the ALJ for good cause shown. The request must 
specify any documents to be produced and must designate the witnesses 
and describe their address and location with sufficient particularity to 
permit the witnesses to be found.
    (d) The subpoena must specify the time and place at which a witness 
is to appear and any documents the witness is to produce.
    (e) The party seeking the subpoena shall serve it in the manner 
prescribed in Sec. 33.8. A subpoena on a party or upon an individual 
under the control of a party may be served by first class mail.
    (f) A party or the individual to whom the subpoena is directed may 
file with the ALJ a motion to quash the subpoena within ten days after 
service or on or before the time specified in the subpoena for 
compliance if is is less then ten days after service.

(Authority: 31 U.S.C. 3804(b))