(a) A party wishing to procure the appearance at the hearing of any
person having personal or expert knowledge of the matters in issue shall
serve on the prospective witness a notice, which may be accomplished by
an administrative subpoena, setting forth the time, date, and place at
which he is to appear for the purpose of giving testimony. The notice
shall also set forth the categories of documents the witness is to bring
with him to the hearing, if any. A copy of the notice shall be filed
with the Administrative Law Judge and additional copies shall be served
upon the opposing parties.
(b) It shall be the obligation of each party to produce for
examination any person, along with such documents as may be requested,
at the time and place, and on the date, set forth in the notice, if that
party has control over such person. Each party shall be deemed to have
control over its officers, agents, employees, and members. Due regard
shall be given to the convenience of witnesses in scheduling their
testimony so that they will be detained no longer than reasonably
necessary.
(c) The party or prospective witness may file an objection within 5
days after notice of production of such witness is served stating with
particularity the reasons why the party cannot produce a requested
witness. The party serving the notice may move for an order with respect
to such objection or failure to produce a witness.
[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]
