[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: 5CFR2429.7]
[Page 420-421]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2429--MISCELLANEOUS AND GENERAL REQUIREMENTS--Table of Contents
Subpart A--Miscellaneous
Sec. 2429.7 Subpoenas.
(a) Any member of the Authority, the General Counsel, any
Administrative Law Judge appointed by the Authority under 5 U.S.C. 3105,
and any Regional Director, Hearing Officer, or other employee of the
Authority designated by
[[Page 421]]
the Authority may issue subpoenas requiring the attendance and testimony
of witnesses and the production of documentary or other evidence.
However, no subpoena shall be issued under this section which requires
the disclosure of intramanagement guidance, advice, counsel, or training
within an agency or between an agency and the Office of Personnel
Management.
(b) 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 such subpoena need be sought.
(c) 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 Regional Director, in
proceedings arising under part 2422 of this subchapter, or with the
Authority, in proceedings arising under parts 2424 and 2425 of this
subchapter, not less than 10 days prior to the hearing, or with the
appropriate presiding official(s) during the hearing. Requests for
subpoenas made less than 10 days prior to the opening of the hearing
shall be granted on sufficient explanation of why the request was not
timely filed.
(d) The Authority, General Counsel, Regional Director, Hearing
Officer, 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. 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) 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 Regional Director in proceedings arising under part 2422 of this
subchapter, and with the Authority, in proceedings arising under parts
2424 and 2425 of this subchapter for ruling. A petition to revoke a
subpoena filed during the hearing, and a written statement of service,
shall be filed with the appropriate presiding official(s).
(2) The Authority, General Counsel, Regional Director, Hearing
Officer, 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
Authority, General Counsel, Regional Director, Hearing Officer, 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) 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.
[45 FR 3516, Jan. 17, 1980, as amended at 62 FR 40922, July 31, 1997]