[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 42CFR498.58]



[Page 1099]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION 

IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE 

PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table 

of Contents

 

                           Subpart D_Hearings

 

Sec. 498.58  Subpoenas.



    (a) Basis for issuance. The ALJ, upon his or her own motion or at 

the request of a party, may issue subpoenas if they are reasonably 

necessary for the full presentation of a case.

    (b) Timing of request by a party. The party must file a written 

request for a subpoena with the ALJ at least 5 days before the date set 

for the hearing.

    (c) Content of request. The request must:

    (1) Identify the witnesses or documents to be produced;

    (2) Describe their addresses or location with sufficient 

particularity to permit them to be found; and

    (3) Specify the pertinent facts the party expects to establish by 

the witnesses or documents, and indicate why those facts could not be 

established without use of a subpoena.

    (d) Method of issuance. Subpoenas are issued in the name of the 

Secretary, who pays the cost of issuance and the fees and mileage of any 

subpoenaed witnesses.