[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.23]



[Page 290]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.23  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.

    (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. Such request shall 

specify any documents to be produced and shall designate the witnesses 

and describe the address and location thereof with sufficient 

particularity to permit such witnesses to be found.

    (d) The subpoena shall specify the time and place at which the 

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.  79.8, except that a subpoena on a party or upon an 

individual under the control of a party may be served as prescribed in 

Sec.  79.26(b).

    (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 it is less than ten days after service.