Sec. 1.333  Requests for issuance of subpena.

    (a) Unless submitted on the record while a hearing is in progress, 
requests for a subpena ad testificandum shall be submitted in writing.
    (b) Requests for a subpena duces tecum shall be submitted in 
writing, duly subscribed and verified, and shall specify with 
particularity the books, papers, and documents desired and the facts 
expected to be proved thereby. Where the subpena duces tecum request is 
directed to a nonparty to the proceeding, the presiding officer may 
issue the same, upon request, without an accompanying subpena to enforce 
a notice to take depositions, provided for in paragraph (e) of this 
section, where it appears that the testimony of said person is not 
required in connection with the subpena duces tecum.
    (c) All requests for subpenas shall be supported by a showing of the 
general relevance and materiality of the evidence sought.
    (d) Requests for subpenas shall be submitted in triplicate, but need 
not be served on the parties to the proceeding.
    (e) Requests for issuance of a subpena ad testificandum to enforce a 
notice to take depositions shall be submitted in writing. Such requests 
may be submitted with the notice or at a later date. The request shall 
not be granted until the period for the filing of motions opposing the 
taking of depositions has expired or, if a motion has been filed, until 
that motion has been acted on.

[[Page 159]]

Regardless of the time when the subpena request is submitted, it need 
not be accompanied by a showing that relevant and material evidence will 
be adduced, but merely that the person will be examined regarding a 
nonprivileged matter which is relevant to the hearing issues. The 
subpena request may ask that a subpena duces tecum be contemporaneously 
issued commanding the person to whom it is directed to produce 
designated books, papers, documents, or tangible things which constitute 
or contain evidence relating to any of the matters within the scope of 
the examination permitted by Sec. 1.311(b) but in that event the subpena 
request will be subject to the provisions of Sec. 1.313 and paragraph 
(b) of this section.
    (f) Requests for issuance of a subpena duces tecum to enforce an 
order for the production of documents and things for inspection and 
copying under Sec. 1.325 may be submitted with the motion requesting the 
issuance of such an order. Regardless of the time when the subpena 
request is submitted, it need not be accompanied by a showing that 
relevant and material evidence will be adduced, but merely that the 
documents and things to be examined contain nonprivileged matter which 
is relevant to the subject matter of the proceeding.
[ 28 FR 12425 , Nov. 22, 1963, as amended at  33 FR 466 , Jan. 12, 1968;  47 FR 51873 , Nov. 18, 1982]