(a) Witnesses shall be examined orally under oath except that for
good and exceptional cause the administrative law judge may permit their
testimony to be taken by deposition under oath.
(b) The administrative law judge shall upon application by any
party, and upon a showing of general relevance and reasonable scope of
the evidence sought, issue subpoenas requiring the attendance and
testimony of witnesses and the production of evidence under oath,
including books, records, correspondence, or documents. Applications for
the issuance of subpoenas duces tecum shall specify the books, records,
correspondence or other documents sought.
(c) Witnesses summoned before the administrative law judge shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States, and witnesses whose depositions are taken and the
persons taking the same shall severally be entitled to the same fees as
are paid for like services in the courts of the United States. Witness
fees and mileage shall be paid by the party at whose instance the
witnesses appear, and the person taking the depositions shall be paid by
the party at whose instance the depositions are taken.
[11 FR 14493, Dec. 18, 1946. Redesignated at 24 FR 10952, Dec. 30, 1959,
and amended at 36 FR 289, Jan. 8, 1971; 61 FR 19987, May 3, 1996]
