[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.42]



[Page 292]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.42  Subpoenas.



    (a) General. Upon written request of a party, the ALJ may issue a 

subpoena requiring the attendance of a witness at a deposition or 

hearing, and/or the production of documents. The request shall specify 

any documents to be produced and shall list the names and addresses of 

the witnesses.

    (b) Time of request. A request for a subpoena in aid of discovery 

shall be filed in time to permit the conclusion of discovery 15 days 

before the date fixed for the hearing. A request for a subpoena to 

testify at the hearing shall be filed at least 3 days prior to the 

hearing, unless otherwise allowed by the ALJ for good cause shown.

    (c) Content. The subpoena shall specify the time and place at which 

the witness is to appear and any documents the witness is to produce.

    (d) Service and fees. Subpoenas shall be served, and fees and costs 

paid to subpoenaed witnesses, in accordance with Rule 45(b)(1) of the 

Federal Rules of Civil Procedure.

    (e) Motion to quash. The individual to whom the subpoena is directed 

or a party may file a motion to quash the subpoena within 10 days after 

service, or on or before the time specified in the subpoena for 

compliance if it is less than 10 days after service.