[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2423.28]

[Page 397]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
 
            Subpart B--Post Complaint, Prehearing Procedures
 
Sec. 2423.28  Subpoenas.

    (a) When necessary. Where the parties are in agreement that the 
appearance of witnesses or the production of documents is necessary, and 
such witnesses agree to appear, no subpoena need be sought.
    (b) Requests for subpoenas. A request for a subpoena by any person, 
as defined in 5 U.S.C. 7103(a)(1), shall be in writing and filed with 
the Office of Administrative Law Judges not less than 10 days prior to 
the hearing, or with the Administrative Law Judge during the hearing. 
Requests for subpoenas made less than 10 days prior to the hearing shall 
be granted on sufficient explanation of why the request was not timely 
filed.
    (c) Subpoena procedures. The Office of Administrative Law Judges, or 
any other employee of the Authority designated by the Authority, as 
appropriate, shall furnish the requester the subpoenas sought, provided 
the request is timely made. Requests for subpoenas may be made ex parte. 
Completion of the specific information in the subpoena and the service 
of the subpoena are the responsibility of the party on whose behalf the 
subpoena was issued.
    (d) Service of subpoena. A subpoena may be served by any person who 
is at least 18 years old and who is not a party to the proceeding. The 
person who served the subpoena must certify that he or she did so:
    (1) By delivering it to the witness in person,
    (2) By registered or certified mail, or
    (3) By delivering the subpoena to a responsible person (named in the 
document certifying the delivery) at the residence or place of business 
(as appropriate) of the person for whom the subpoena was intended. The 
subpoena shall show on its face the name and address of the party on 
whose behalf the subpoena was issued.
    (e)(1) Petition to revoke subpoena. Any person served with a 
subpoena who does not intend to comply shall, within 5 days after the 
date of service of the subpoena upon such person, petition in writing to 
revoke the subpoena. A copy of any petition to revoke a subpoena shall 
be served on the party on whose behalf the subpoena was issued. Such 
petition to revoke, if made prior to the hearing, and a written 
statement of service, shall be filed with the Office of Administrative 
Law Judges for ruling. A petition to revoke a subpoena filed during the 
hearing, and a written statement of service, shall be filed with the 
Administrative Law Judge.
    (2) The Administrative Law Judge, or any other employee of the 
Authority designated by the Authority, as appropriate, shall revoke the 
subpoena if the person or evidence, the production of which is required, 
is not material and relevant to the matters under investigation or in 
question in the proceedings, or the subpoena does not describe with 
sufficient particularity the evidence the production of which is 
required, or if for any other reason sufficient in law the subpoena is 
invalid. The Administrative Law Judge, or any other employee of the 
Authority designated by the Authority, as appropriate, shall state the 
procedural or other ground for the ruling on the petition to revoke. The 
petition to revoke, any answer thereto, and any ruling thereon shall not 
become part of the official record except upon the request of the party 
aggrieved by the ruling.
    (f) Failure to comply. Upon the failure of any person to comply with 
a subpoena issued and upon the request of the party on whose behalf the 
subpoena was issued, the Solicitor of the Authority shall institute 
proceedings on behalf of such party in the appropriate district court 
for the enforcement thereof, unless to do so would be inconsistent with 
law and the Federal Service Labor-Management Relations Statute.