[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR180.545]

[Page 745-746]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 180_CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS
--Table of Contents
 
                           Subpart E_Discovery
 
Sec. 180.545  Subpoenas.

    (a) This section governs the issuance of subpoenas in administrative 
proceedings under the Fair Housing Act. Except for time periods stated 
in the rules in this section, to the extent that this section conflicts 
with procedures for the issuance of subpoenas in civil actions in the 
United States District Court for the District in which the investigation 
of the discriminatory housing practice took place, the rules of the 
United States District Court apply.
    (b) Issuance of subpoena. Upon the written request of a party, the 
Chief ALJ or the presiding ALJ may issue a subpoena requiring the 
attendance of a witness for the purpose of giving testimony at a 
deposition or hearing and requiring the production of relevant books, 
papers, documents or tangible things.
    (c) Time of request. Requests for subpoenas in aid of discovery must 
be submitted in time to permit the conclusion of discovery 15 days 
before the

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date scheduled for the hearing. If a request for subpoenas of a witness 
for testimony at a hearing is submitted three days or less before the 
hearing, the subpoena shall be issued at the discretion of the Chief ALJ 
or the presiding ALJ, as appropriate.
    (d) Service. A subpoena may be served by any person who is not a 
party and is not less than 18 years of age. Service on a person shall be 
made by delivering a copy of the subpoena to the person and by tendering 
witness fees and mileage to that person. When the subpoena is issued on 
behalf of HUD, witness fees and mileage need not be tendered with the 
subpoena.
    (e) Amount of witness fees and mileage. A witness summoned by a 
subpoena issued under this part is entitled to the same witness and 
mileage fees as a witness in proceedings in United States District 
Courts. Fees payable to a witness summoned by a subpoena shall be paid 
by the party requesting the issuance of the subpoena, or where the ALJ 
determines that a party is unable to pay the fees, the fees shall be 
paid by HUD.
    (f) Motion to quash or limit subpoena. Upon a motion by the person 
served with a subpoena or by a party, made within five days after 
service of the subpoena (but in any event not less than the time 
specified in the subpoena for compliance), the ALJ may:
    (1) Quash or modify the subpoena if it is unreasonable and 
oppressive or for other good cause shown; or
    (2) Condition denial of the motion upon the advancement, by the 
party on whose behalf the subpoena was issued, of the reasonable cost of 
producing subpoenaed books, papers or documents. Where circumstances 
require, the ALJ may act upon such a motion at any time after a copy of 
the motion has been served upon the party on whose behalf the subpoena 
was issued.
    (g) Failure to comply with subpoena. If a person fails to comply 
with a subpoena issued under this section, the party requesting the 
subpoena may refer the matter to the Attorney General for enforcement in 
appropriate proceedings under 42 U.S.C. 3614(c).