[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR501.2]



[Page 8-9]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 501_SUBPOENAS, DEPOSITIONS, AND OATHS--Table of Contents

 

Sec. 501.2  Subpoenas.



    (a) Issuance. A member of the Commission or a designated employee 

may, on the member or employee's own volition or upon written 

application by any party and upon a showing of general relevance and 

reasonable scope of the evidence sought, issue subpoenas requiring 

persons to appear and testify or to appear and produce documents. 

Applications for issuance of subpoenas for production of documents shall 

specify the books, records, correspondence, or other documents sought. 

The subpoena will show on its face the name and address of the party at 

whose request the subpoena was issued.

    (b) Deposit for costs. The Commission or designated employee, before 

issuing any subpoena in response to any application by an interested 

party, may require a deposit in an amount adequate to cover fees and 

mileage involved.

    (c) Motion to quash. If any person subpoenaed does not intend to 

comply with the subpoena, that person must, within 15 days after the 

date of service of the subpoena, petition in writing to quash the 

subpoena. The basis for the motion must be stated in detail. Any party 

desiring to file an answer to a motion to quash must file the answer not 

later than 15 days after the filing of the motion. The Commission will



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rule on the motion to quash, duly recognizing any answer thereto filed. 

The motion, answer, and any ruling thereon will become part of the 

official record.

    (d) Appeal from interlocutory order. An appeal may be taken to the 

Commission by the interested parties from the denial of a motion to 

quash or from the refusal to issue a subpoena for the production of 

documentary evidence.

    (e) Order of court upon failure to comply. Upon the failure or 

refusal of any person to comply with a subpoena, the Commission may 

invoke the aid of the United States District Court within the 

jurisdiction of which the hearing, examination or investigation is being 

conducted, or wherein that person resides or transacts business, as 

provided in 22 U.S.C. 1623(c).