[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR4.26]



[Page 69-70]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

       Subpart B_General Rules Relating to Procedures and Practice

 

Sec.  4.26  Subpoena power and witness provisions generally.



    (a) Compulsory attendance of witnesses. The administrative law 

judge, on his own motion, or on written application of a party, is 

authorized to issue subpoenas requiring the attendance of witnesses at 

hearings to be held before him or at the taking of depositions to be 

held before himself or other officers. Subpoenas will be issued on a 

form approved by the Director. A subpoena may be served by any person 

who is not a party and is not less than 18 years of age, and the 

original subpoena bearing a certificate of service shall be filed with 

the administrative law judge. A



[[Page 70]]



witness may be required to attend a deposition or hearing at a place not 

more than 100 miles from the place of service.

    (b) Application for subpoena. Where the file has not yet been 

transmitted to the administrative law judge, the application for a 

subpoena may be filed in the office of the officer who made the decision 

appealed from, or in the office of the Bureau of Land Management in 

which the complaint was filed, in which cases such offices will forward 

the application to the examiner.

    (c) Fees payable to witnesses. (1) Witnesses subpoenaed by any party 

shall be paid the same fees and mileage as are paid for like service in 

the District Courts of the United States. The witness fees and mileage 

shall be paid by the party at whose instance the witness appears.

    (2) Any witness who attends any hearing or the taking of any 

deposition at the request of any party to the controversy without having 

been subpoenaed to do so shall be entitled to the same mileage and 

attendance fees, to be paid by such party, to which he would have been 

entitled if he had been first duly subpoenaed as a witness on behalf of 

such party. This paragraph does not apply to Government employees who 

are called as witnesses by the Government.