(a) Subpoenas in non-Inspector General investigations. (1) The
Department, through the appropriate Assistant Secretary, may issue a
subpoena directing the person named therein to appear before a
designated representative at a designated time and place to verify or to
produce documentary evidence, or both, relating to any matter arising
under the Act being investigated. The Assistant Secretary, Solicitor or
the Associate Solicitor for Employment and Training Legal Services, for
good cause shown, may extend the time prescribed for compliance with
such subpoenas.
(2) Any motion to limit or quash any investigational subpoena shall
be filed with the Chief Administrative Law Judge within 10 days after
service of the subpoena, or, if the return date is less than 10 days
after service of the subpoena, within such other time as may be allowed
by the assigned Administrative Law Judge.
(3) The timely filing of a motion to limit or quash an
investigational subpoena shall stay the requirement of a return on the
portion challenged. If the Administrative Law Judge rules subsequent to
the return date, and the ruling denies the motion in whole or in part,
the Administrative Law Judge shall specify a new return date.
(4) All motions to limit or quash subpoenas, and the responses
thereto, shall be part of the public record of the Office of the
Administrative Law Judges except as otherwise ordered or provided under
these regulations.
(b) Noncompliance. (1) In cases of failure to comply with compulsory
processes, appropriate action may be initiated including actions for
enforcement, forfeiture, penalties or criminal actions.
(2) The Solicitor of Labor, with the consent of the Attorney
General, may:
(i) Institute in the appropriate district court on behalf of the
Department an enforcement proceeding in connection with the failure or
refusal of a person, partnership, corporation, recipient or other entity
to comply with or to obey a subpoena if the return date or any extension
thereof has passed; or
(ii) Request on behalf of the Department the institution of civil
actions, as
appropriate, if the return date or any extension thereof has passed
including seeking civil contempt in cases where a court order enforcing
compulsory process has been violated.
