[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 7CFR283.13]



[Page 965]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents

 

            Subpart B_Appeals of QC Claims of $50,000 or More

 

Sec. 283.13  Subpoenas.



    (a) Issuance of subpoenas. The attendance and testimony of witnesses 

and the production of documentary evidence from any place in the United 

States on behalf of any party to the appeal may be required by subpoena 

at the designated place of hearing. Except for cause shown, requests for 

subpoenas shall be filed at least 15 days prior to the date of the 

hearing. Subpoenas shall be issued by the ALJ, over the facsimile 

signature of the Secretary, upon a reasonable showing by the applicant 

of the grounds, necessity and reasonable scope thereof.

    (b) Service of subpoenas. (1) When the ALJ issues a subpoena under 

this section, the party who requested such subpoena shall serve all 

other parties with a copy of the subpoena, notice of the names and 

addresses of the individuals subpoenaed and specify any documents 

required to be produced.

    (2) Subpoenas may be served:

    (i) By a U.S. Marshal or deputy marshal,

    (ii) By any other person who is not less than 18 years of age, or

    (iii) By registering and mailing a copy of the subpoena addressed to 

the person to be served at the last known principal place of business or 

residence.

    (3) Proof of service may be made:

    (i) By the return of service on the subpoena by the U.S. Marshal or 

deputy marshal,

    (ii) If served by an employee of the Department, by a certificate 

stating that he personally served the subpoena upon the person named 

therein,

    (iii) If served by another person, by an affidavit of such person 

stating that he personally served the subpoena upon the person named 

therein, or

    (iv) If service was by registered mail, by an affidavit made by the 

person mailing the subpoena that it was mailed as provided herein and by 

the signed return post-office receipt. Where the subpoena is issued on 

behalf of the Secretary and service is by mail, the return receipt 

without an affidavit or certificate of mailing shall be sufficient proof 

of service.

    (4) In making personal service, the person making service shall 

leave a copy of the subpoena with the person subpoenaed, or, if such 

person is not immediately available, with any other responsible person 

authorized to accept service residing or employed at the place of 

residence or business of the person subpoenaed.

    (5) The original of the subpoena, bearing or accompanied by the 

required proof of service, shall be returned to the official who issued 

the same. The party at whose request the subpoena is issued shall be 

responsible for the service thereof.