I-2-5-82.Noncompliance With a Subpoena

Last Update: 9/28/05 (Transmittal I-2-68)

If an individual refuses or fails to comply with a subpoena, the ALJ must consider any changes in the situation since the subpoena was first issued and again determine whether the evidence or facts requested are reasonably necessary for the full presentation of the case. If so, the ALJ will prepare a memorandum to the OGC Regional Chief Counsel requesting enforcement of the subpoena (see A. below), and transmit the memorandum to the OGC Regional Chief Counsel through the HOCALJ who shall forward it to the RCALJ (see B. below).

A. Preparation of Memorandum to OGC Regional Chief Counsel

In the memorandum, describe in detail:

  • the circumstances of the case;

  • the evidence or facts sought; and

  • why the evidence or facts are essential.

B. Transmission of Memorandum to OGC Regional Chief Counsel

Send the memorandum, a copy of the subpoena and any certified mail receipts to the OGC Regional Chief Counsel through the HOCALJ who shall forward it to the RCALJ.

NOTE:

Persistent refusal of any subpoenaed individual to appear as a witness at a hearing or provide requested documents or facts may result in contempt proceedings if the Commissioner obtains an order from a Federal district court.