§498.58. Subpoenas.
42 C.F.R. § 498.58
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 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, who pays the cost of issuance and the fees and mileage of any subpoenaed witnesses.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.
Source
Source: 52 FR 22446, June 12, 1987, unless otherwise noted.