[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.70]

[Page 175]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.70  Subpoenas.

    (a) The attendance of witnesses or the production of documentary 
evidence may, by subpoena, be required at any designated place of 
hearing or place of discovery. Subpoenas may be issued by the 
Administrative Law Judge sua sponte or upon a showing by an applicant 
that evidence sought for hearing is relevant and material to the issues 
involved in the hearing or that the sought discovery pursuant to 
Sec. 164.51 meets the standards set forth therein. The Administrative 
Law Judge shall be guided by the principles of the Federal Rules of 
Civil Procedure in making any order for the protection of a witness or 
the content of the documents produced.
    (b) Motion for subpoena duces tecum. Subpoenas for the production of 
documentary evidence, unless issued by the Administrative Law Judge sua 
sponte, shall be issued only upon a written motion. Such motion shall 
specify, as exactly as possible, the documents desired.
    (c) Service of subpoenas. Subpoenas shall be served as provided by 
the Federal Rules of Civil Procedure.