[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 20CFR258.3]



[Page 508]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 258_HEARINGS BEFORE THE BOARD OR DESIGNATED EXAMINERS--Table of 

Contents

 

Sec.  258.3  Application for witnesses.



    (a) Any person or persons conducting a hearing pursuant to the 

provisions of this part or part 260 of this chapter may, upon such 

person's or persons' own motion or upon application of any party to such 

hearing, issue a subpoena for a witness or witnesses. An application for 

a subpoena shall be by affidavit filed with the person or persons 

conducting the hearing within such period of time as will permit service 

and return of a subpoena prior to the date set for the hearing at which 

the witness is to appear, but in no case shall such application be filed 

later than 10 days prior to the date of hearing. The application shall 

set forth:

    (1) The name and address of the witness;

    (2) The title of the matter to be heard, i.e., names of parties;

    (3) The issue to which the testimony of the witness will be 

directed;

    (4) The substance of the testimony which such witness is expected to 

give or the facts to which such witness will testify; and

    (5) The specific books, papers or documents which are requested, if 

a subpoena duces tecum is applied for.

    (b) In addition to the above, the party filing such application 

shall, at the time of filing, deposit therewith a sum of money 

sufficient to cover the fees and transportation allowance of the 

witness, or, in lieu thereof, shall state in the application that 

satisfactory arrangements have been made with the witness for the direct 

payment of his or her fees and transportation allowance and any other 

allowable expense.