[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: 45CFR801.313]



[Page 321]

 

                        TITLE 45--PUBLIC WELFARE

 

              CHAPTER VIII--OFFICE OF PERSONNEL MANAGEMENT

 

PART 801_VOTING RIGHTS PROGRAM--Table of Contents

 

           Subpart C_Challenges to Listing on Eligibility List

 

Sec. 801.313  Subpena.



    (a) On the request of a party and for good cause shown, a hearing 

officer may issue a subpena for the appearance of a witness or for the 

production of documentary evidence.

    (b) A hearing officer may quash a subpena for good cause shown.

    (c) The party at whose request a subpena is issued is responsible 

for arranging for service. The officer or person making service shall 

show the original subpena to the person served, read the subpena to him 

if he is unable to read, and deliver a copy of the subpena to him.

    (d) When a U.S. Marshal or his deputy serves a subpena, he shall 

evidence the service by his return on the subpena. When someone other 

than a U.S. Marshal or his deputy serves a subpena, the person serving 

the subpena shall make an affidavit, stating the date, time, and the 

manner of service, and shall return the affidavit on, or with, the 

original subpena in accordance with the form thereon. When the U.S. 

Marshal, his deputy, or other person, as appropriate, cannot serve the 

subpena, he shall state his reason for the failure on the original 

subpena. When the person named in the subpena accepts service of the 

subpena in writing, no other evidence of return is necessary. The person 

responsible for serving a subpena shall return the original subpena, 

bearing or accompanied by the required return, affidavit, statement, or 

acceptance of service, to the officer presiding at the hearing at which 

the person subpenaed is required to appear.