221.47—What are the requirements for subpoenas and witness fees?
(a) Request for subpoena.
(1)
Except as provided in paragraph (a)(2) of this section, any party may file a motion requesting the ALJ to issue a subpoena to the extent authorized by law for the attendance of a person, the giving of testimony, or the production of documents or other relevant evidence during discovery or for the hearing.
(i)
That the employee's testimony is necessary in order to provide significant, unprivileged information that is not available from any other source or by less burdensome means; and
(ii)
That the employee's attendance would not significantly interfere with the ability to perform his or her government duties.
(b) Service.
(1)
A subpoena may be served by any person who is not a party and is 18 years of age or older.
(ii)
Swear to or affirm the certificate, attach it to a copy of the subpoena, and return it to the party on whose behalf the subpoena was served.
(c) Witness fees.
(1)
A party who subpoenas a witness who is not a party must pay him or her the same fees and mileage expenses that are paid witnesses in the district courts of the United States.
(2)
A witness who is not a party and who attends a deposition or hearing at the request of any party without having been subpoenaed to do so is entitled to the same fees and mileage expenses as if he or she had been subpoenaed. However, this paragraph does not apply to federal employees who are called as witnesses by a Department.
(d) Motion to quash.
(1)
A person to whom a subpoena is directed may request by motion that the ALJ quash or modify the subpoena.
(ii)
At or before the time specified in the subpoena for compliance, if that is less than 5 days after service of the subpoena.
(e) Enforcement.
For good cause shown, the ALJ may apply to the appropriate United States District Court for the issuance of an order compelling the appearance and testimony of a witness or the production of evidence as set forth in a subpoena that has been duly issued and served.