[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.57]

[Page 273]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
              Subpart D_Prehearing Procedures and Discovery
 
Sec. 2200.57  Issuance of subpoenas; petitions to revoke or modify 
subpoenas; right to inspect or copy data.

    (a) Issuance of subpoenas. On behalf of the Commission or any member 
thereof, the Judge shall, on the application of any party, issue to the 
applying party subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence, including relevant books, 
records, correspondence, or documents, in his possession or under his 
control. The party to whom the subpoena is issued shall be responsible 
for its service. Applications for subpoenas, if filed prior to the 
assignment of the case to a Judge, shall be filed with the Executive 
Secretary at One Lafayette Centre, 1120-20th Street NW., 9th Floor, 
Washington, DC 20036-3419. After the case has been assigned to a Judge, 
applications shall be filed with the Judge. Applications for subpoena(s) 
may be made ex parte. The subpoena shall show on its face the name and 
address of the party at whose request the subpoena was issued.
    (b) Service of subpoenas. A subpoena may be served by any person who 
is not a party and is not less than 18 years of age. Service of a 
subpoena upon a person named therein may be made by service on the 
person named, by certified mail return receipt requested, or by leaving 
a copy at the person's principal place of business or at the person's 
residence with some person of suitable age and discretion residing 
therein.
    (c) Revocation or modification of subpoenas. Any person served with 
a subpoena, whether ad testificandum or duces tecum, shall, within 5 
days after the date of service of the subpoena upon him, move in writing 
to revoke or modify the subpoena if he does not intend to comply. All 
motions to revoke or modify shall be served on the party at whose 
request the subpoena was issued. The Judge or the Commission shall 
revoke or modify the subpoena if in its opinion the evidence whose 
production is required does not relate to any matter under investigation 
or in question in the proceedings or the subpoena does not describe with 
sufficient particularity the evidence whose production is required, or 
if for any other reason sufficient in law the subpoena is otherwise 
invalid. The Judge or the Commission, as the case may be, 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) Rights of persons compelled to submit data. Persons compelled to 
submit data or evidence at a public proceeding are entitled to retain 
or, on payment of lawfully prescribed costs, to procure copies of 
transcripts of the data or evidence submitted by them.
    (e) Failure to comply with subpoena. Upon the failure of any person 
to comply with a subpoena issued upon the request of a party, the 
Commission by its counsel shall initiate proceedings in the appropriate 
district court for the enforcement thereof, if in its judgment the 
enforcement of such subpoena would be consistent with law and with 
policies of the Act. Neither the Commission nor its counsel shall be 
deemed thereby to have assumed responsibility for the effective 
prosecution of the same before the court.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987, as amended at 
57 FR 41687, Sept. 11, 1992; 58 FR 26065, Apr. 30, 1993; 62 FR 35963, 
July 3, 1997]