[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

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)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 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.