[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.301]

[Page 102-103]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
 
                     Subpart D_Adjudicatory Process
 
Sec.  30.301  May subpoenas be issued for witnesses and documents in 

connection with a claim under Part B of EEOICPA?

    (a) In connection with the adjudication of a claim under Part B of 
EEOICPA, an OWCP district office and/or a FAB reviewer may, at their own 
initiative, issue subpoenas for the attendance and testimony of 
witnesses, and for the production of books, electronic records, 
correspondence, papers or other relevant documents. Subpoenas will only 
be issued for documents if they are relevant and cannot be obtained by 
other means, and for witnesses only where oral testimony is the best way 
to ascertain the facts.
    (b) A claimant may also request a subpoena in connection with his or 
her claim under Part B of the Act, but such request may only be made to 
a FAB reviewer. No subpoenas will be issued at the request of the 
claimant under any other portion of the claims process. The decision to 
grant or deny such request is within the discretion of the FAB reviewer. 
To request a subpoena under this section, the requestor must:
    (1) Submit the request in writing and send it to the FAB reviewer as 
early as possible, but no later than 30 days (as evidenced by postmark, 
electronic marker or other objective date mark) after the date of the 
original hearing request;
    (2) Explain why the testimony or evidence is directly relevant and 
material to the issues in the case; and
    (3) Establish that a subpoena is the best method or opportunity to 
obtain such evidence because there are no other means by which the 
documents or testimony could have been obtained.
    (c) No subpoena will be issued for attendance of employees or 
contractors of OWCP or NIOSH acting in their official capacities as 
decision-makers or policy administrators. For hearings taking the form 
of a review of the written record, no subpoena for the appearance of 
witnesses will be considered.
    (d) The FAB reviewer will issue the subpoena under his or her own 
name. It may be served in person or by certified mail, return receipt 
requested, addressed to the person to be served at his or her last known 
principal place of business or residence. A decision to

[[Page 103]]

deny a subpoena requested by a claimant can only be challenged as part 
of a request for reconsideration of any adverse decision of the FAB 
which results from the hearing.