[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.23]



[Page 79-80]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.23  Subpoenas for attendance at hearing.



    (a) A party wishing to procure the appearance and testimony of any 

individual at the hearing may request that the ALJ issue a subpoena.



[[Page 80]]



    (b) A subpoena requiring the attendance and testimony of an 

individual may also require the individual to produce documents at the 

hearing.

    (c) A party seeking a subpoena shall file a written request therefor 

not less than 15 days before the date fixed for the hearing unless 

otherwise allowed by the ALJ for good cause shown. The request must 

specify any documents to be produced and must designate the witnesses 

and describe their address and location with sufficient particularity to 

permit the witnesses to be found.

    (d) The subpoena must specify the time and place at which a witness 

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

    (e) The party seeking the subpoena shall serve it in the manner 

prescribed in Sec.  33.8. A subpoena on a party or upon an individual 

under the control of a party may be served by first class mail.

    (f) A party or the individual to whom the subpoena is directed may 

file with the ALJ a motion to quash the subpoena within ten days after 

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

compliance if is is less then ten days after service.



(Authority: 31 U.S.C. 3804(b))