(a) The Director or Deputy Director may require, by subpena, in
connection with any investigation or hearing, the attendance and
testimony of witnesses and the production of evidence the issuing
official in his or her discretion deems necessary to make a
determination.
(b) If a person refuses to obey a subpena issued under paragraph (a)
of this section, the Director or Deputy Director may petition the United
States District Court within the jurisdiction of which the proceeding is
being conducted requesting an order requiring compliance with such
subpena.
(c) Witnesses subpenaed under this section shall be paid the same
fees and mileage as are paid for like services in the District Court of
the United States. The witness fees and mileage shall be paid by the
United States Department of Labor.
(d) Subpenas issued under paragraph (a) of this section shall be
signed by the Director or Deputy Director and shall be served either in
person by an authorized representative of the Department of Labor or by
certified mail, return receipt requested. The date for compliance shall
be not earlier than seven (7) calendar days following service of the
subpena.
[42 FR 32772, June 28, 1977, as amended at 52 FR 23401, June 19, 1987]
