[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: 20CFR30.301]



[Page 102]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED--Table of Contents

 

                     Subpart D_Adjudicatory Process

 

Sec.  30.301  May subpoenas be issued for witnesses and documents in 

connection with a claim under Part B of EEOICPA?



    (a) In connection with the adjudication of a claim under Part B of 

EEOICPA, an OWCP district office and/or a FAB reviewer may, at their own 

initiative, issue subpoenas for the attendance and testimony of 

witnesses, and for the production of books, electronic records, 

correspondence, papers or other relevant documents. Subpoenas will only 

be issued for documents if they are relevant and cannot be obtained by 

other means, and for witnesses only where oral testimony is the best way 

to ascertain the facts.

    (b) A claimant may also request a subpoena in connection with his or 

her claim under Part B of the Act, but such request may only be made to 

a FAB reviewer. No subpoenas will be issued at the request of the 

claimant under any other portion of the claims process. The decision to 

grant or deny such request is within the discretion of the FAB reviewer. 

To request a subpoena under this section, the requestor must:

    (1) Submit the request in writing and send it to the FAB reviewer as 

early as possible, but no later than 30 days (as evidenced by postmark, 

electronic marker or other objective date mark) after the date of the 

original hearing request;

    (2) Explain why the testimony or evidence is directly relevant and 

material to the issues in the case; and

    (3) Establish that a subpoena is the best method or opportunity to 

obtain such evidence because there are no other means by which the 

documents or testimony could have been obtained.

    (c) No subpoena will be issued for attendance of employees of OWCP 

acting in their official capacities as decision-makers or policy 

administrators. For hearings taking the form of a review of the written 

record, no subpoena for the appearance of witnesses will be considered.

    (d) The FAB reviewer will issue the subpoena under his or her own 

name. It may be served in person or by certified mail, return receipt 

requested, addressed to the person to be served at his or her last known 

principal place of business or residence. A decision to deny a subpoena 

requested by a claimant can only be challenged as part of a request for 

reconsideration of any adverse decision of the FAB which results from 

the hearing.