---
kind: "section"
citation: "42 C.F.R. § 498.58"
title: "42"
number: "498.58"
heading: "Subpoenas."
url: "https://uscodex.org/cfr/42/498.58"
---

# §498.58. Subpoenas.

- (a) **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.
- (b) **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.
- (c) **Content of request.** The request must:
  - (1) Identify the witnesses or documents to be produced;
  - (2) Describe their addresses or location with sufficient particularity to permit them to be found; and
  - (3) 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.
- (d) **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

### Authority

Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.

### Source

Source: 52 FR 22446, June 12, 1987, unless otherwise noted.