[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.728]



[Page 68-69]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.728  Subpoenas.



    (a) Availability; procedure. In connection with any hearing before 

an Administrative Law Judge, either the respondent or the Director may 

request the issuance of subpoenas requiring the attendance and testimony 

of witnesses at the designated time and place of hearing, and subpoenas 

requiring the production of documentary or other tangible evidence 

returnable at a designated time and place. Unless made on the record at 

a hearing, requests for issuance of a subpoena shall be made in writing 

and served on each party pursuant to Sec. 501.705.



[[Page 69]]



    (b) Standards for issuance. If it appears to the Administrative Law 

Judge that a subpoena sought may be unreasonable, oppressive, excessive 

in scope, or unduly burdensome, he or she may, in his or her discretion, 

as a condition precedent to the issuance of the subpoena, require the 

person seeking the subpoena to show the general relevance and reasonable 

scope of the testimony or other evidence sought. If after consideration 

of all the circumstances, the Administrative Law Judge determines that 

the subpoena or any of its terms is unreasonable, oppressive, excessive 

in scope, or unduly burdensome, he or she may refuse to issue the 

subpoena, or issue a modified subpoena as fairness requires. In making 

the foregoing determination, the Administrative Law Judge may inquire of 

the other participants whether they will stipulate to the facts sought 

to be proved.

    (c) Service. Service of a subpoena shall be made pursuant to the 

provisions of Sec. 501.705.

    (d) Application to quash or modify.

    (1) Procedure. Any person to whom a subpoena is directed or who is 

an owner, creator or the subject of the documents or materials that are 

to be produced pursuant to a subpoena may, prior to the time specified 

therein for compliance, but not later than 15 days after the date of 

service of such subpoena, request that the subpoena be quashed or 

modified. Such request shall be made by application filed with the 

Administrative Law Judge and served on all parties pursuant to Sec. 

501.705. The party on whose behalf the subpoena was issued may, not 

later than 5 days after service of the application, file an opposition 

to the application.

    (2) Standards governing application to quash or modify. If the 

Administrative Law Judge determines that compliance with the subpoena 

would be unreasonable, oppressive or unduly burdensome, the 

Administrative Law Judge may quash or modify the subpoena, or may order 

return of the subpoena only upon specified conditions. These conditions 

may include, but are not limited to, a requirement that the party on 

whose behalf the subpoena was issued shall make reasonable compensation 

to the person to whom the subpoena was addressed for the cost of copying 

or transporting evidence to the place for return of the subpoena.

    (e) Witness fees and mileage. Witnesses summoned to appear at a 

proceeding shall be paid the same fees and mileage that are paid to 

witnesses in the courts of the United States, and witnesses whose 

depositions are taken and the persons taking the same shall severally be 

entitled to the same fees as are paid for like services in the courts of 

the United States. Witness fees and mileage shall be paid by the party 

at whose instance the witnesses appear.