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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Appeals Process |
20 CFR 10.619 - May subpoenas be issued for witnesses and documents?
- Section Number: 10.619
- Section Name: May subpoenas be issued for witnesses and documents?
A claimant may request a subpoena, but the decision to grant or deny
such a request is within the discretion of the hearing representative.
The hearing representative may issue subpoenas for the attendance and
testimony of witnesses, and for the production of books, records,
correspondence, papers or other relevant documents. Subpoenas are issued
for documents only if they are relevant and cannot be obtained by other
means, and for witnesses only where oral testimony is the best way to
ascertain the facts.
(a) A claimant may request a subpoena only as part of the hearings
process, and no subpoena will be issued under any other part of the
claims process. To request a subpoena, the requestor must:
(1) Submit the request in writing and send it to the hearing
representative as
early as possible but no later than 60 days (as evidenced by postmark,
electronic marker or other objective date mark) after the date of the
original hearing request.
(2) Explain why the testimony or evidence is directly relevant to
the issues at hand, and a subpoena is the best method or opportunity to
obtain such evidence because there are no other means by which the
documents or testimony could have been obtained.
(b) No subpoena will be issued for attendance of employees of OWCP
acting in their official capacities as decision-makers or policy
administrators. For hearings taking the form of a review of the written
record, no subpoena for the appearance of witnesses will be considered.
(c) The hearing representative issues the subpoena under his or her
own name. It may be served in person or by certified mail, return
receipt requested, addressed to the person to be served at his or her
last known principal place of business or residence. A decision to deny
a subpoena can only be appealed as part of an appeal of any adverse
decision which results from the hearing.
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