42 CFR §498.58
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.