§423.1044. Subpoenas.
42 C.F.R. § 423.1044
Basis for issuance. The ALJ, upon his or her own motion or at the request of a party, may issue subpoenas if they are reasonably necessary for the full presentation of a case.
Timing of request by a party. The party must file a written request for a subpoena with the ALJ at least 5 calendar days before the date set for the hearing.
Content of request. The request must:
Identify the witnesses or documents to be produced;
Describe their addresses or location with sufficient particularity to permit them to be found; and
Specify the pertinent facts the party expects to establish by the witnesses or documents, and indicate why those facts could not be established without use of a subpoena.
Method of issuance. Subpoenas are issued in the name of the Secretary.
Notes, amendments, and revision history
Source
Source: 72 FR 68736, Dec. 5, 2007, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.
Source
Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.