(a) Except as provided in paragraph (b) of this section, the Chief
Administrative Law Judge or the presiding administrative law judge, as
appropriate, may issue subpoenas as authorized by statute or law upon
written application of a party requiring attendance of witnesses and
production of relevant papers, books, documents, or tangible things in
their possession and under their control. A subpoena may be served by
certified mail or by any person who is not less than 18 years of age. A
witness, other than a witness for the Federal Government, may not be
required to attend a deposition or hearing unless the mileage and
witness fee applicable to witnesses in courts of the United States for
each date of attendance is paid in advance of the date of the
proceeding.
(b) If a party's written application for subpoena is submitted three
(3) working days or less before the hearing to which it relates, a
subpoena shall issue at the discretion of the Chief Administrative Law
Judge or presiding administrative law judge, as appropriate.
(c) Motion to quash or limit subpoena. Within ten (10) days of
receipt of a subpoena but no later than the date of the hearing, the
person against whom it is directed may file a motion to quash or limit
the subpoena, setting forth the reasons why the subpoena should be
withdrawn or why it should by limited in scope. Any such motion shall be
answered within ten (10) days of service, and shall be ruled on
immediately thereafter. The order shall specify the date, if any, for
compliance with the specifications of the subpoena.
(d) Failure to comply. Upon the failure of any person to comply with
an order to testify or a subpoena, the party adversely affected by such
failure to comply may, where authorized by statute or by law, apply to
the appropriate district court for enforcement of the order or subpoena.
