[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: 29CFR2700.60]

[Page 688-689]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700_PROCEDURAL RULES--Table of Contents
 
                           Subpart G_Hearings
 
Sec. 2700.60  Subpoenas.

    (a) Compulsory attendance of witnesses and production of documents. 
The Commission and its Judges are authorized to issue subpoenas, on 
their own motion or on the oral or written application of a party, 
requiring the attendance of witnesses and the production of documents or 
physical evidence. A subpoena may be served by any person who is at 
least 18 years of age. A subpoena may also be served by registered or 
certified mail, return receipt requested, but, in such case, any risk of 
delivery is on the serving party. A copy of the subpoena bearing a 
certificate of service shall be filed with the Commission or the Judge.
    (b) Fees payable to witnesses. Subpoenaed witnesses shall be paid 
the same fees and mileage as are paid in the district courts of the 
United States. The

[[Page 689]]

witness fees and mileage shall be paid by the party at whose request the 
witness appears, or by the Commission if a witness is subpoenaed on the 
motion of the Commission or a Judge. This paragraph does not apply to 
Government employees who are called as witnesses by the Government.
    (c) Motions to revoke or modify subpoenas. Any person served with a 
subpoena may move within 5 days of service or at the hearing, whichever 
is sooner, to revoke or modify the subpoena. The Commission or the 
Judge, as appropriate, shall revoke or modify the subpoena if it seeks 
information outside the proper scope of discovery as set forth in Sec. 
2700.56(b); or if it does not describe with sufficient particularity the 
evidence required to be produced; or if for any other reason it is found 
to be invalid or unreasonable. The Commission or the Judge shall set 
forth a concise statement of the grounds for such ruling.
    (d) Availability of transcript. Persons compelled to submit evidence 
at a public proceeding are entitled to obtain, on payment of prescribed 
costs, a transcript of that part of the proceeding that sets forth their 
testimony or refers to their production of evidence.
    (e) Failure to comply. Upon the failure of any person to comply with 
an order to testify or with a subpoena issued by the Commission or the 
Judge, the Judge or the Commission's General Counsel, at the request of 
the Judge or at the direction of the Commission, may undertake to 
initiate proceedings in the appropriate district court of the United 
States for the enforcement of the subpoena.