[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.23]

[Page 61-62]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.23  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. 
Requests for witness testimony of senior level DHS officials (including 
career and non-career senior executive level employees) shall not be 
approved absent a showing of compelling need that cannot be met by any 
other means.
    (b) A subpoena requiring the attendance and testimony of an 
Individual may also require the Individual to produce Documents at the 
hearing.

[[Page 62]]

    (c) A party seeking a subpoena will file a written request therefore 
not less than 15 days before the date fixed for the hearing unless 
otherwise allowed by the ALJ for good cause shown. Such request will be 
accompanied by a proposed subpoena, which will specify and Documents to 
be produced and will designate the witnesses and describe the address 
and location thereof with sufficient particularity to permit such 
witnesses to be found.
    (d) The subpoena will 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 will serve it in the manner 
prescribed in Sec.  13.8. A subpoena on a party or upon an Individual 
under the control of party may be served by first class mail.
    (f) A party or the Individual to whom the subpoena is directed may 
file 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. If the ALJ has not acted on such a 
motion by the return date, such date will be suspended pending the ALJ's 
final action on the motion.