§ 1504.108 - Formal OFI proceedings—subpoenas.

(a) Justification. If the discovery request for information is refused, as per § 1504.107(c), if a requested witness refuses to appear, or if a party refuses to produce evidence, the OFI may issue a subpoena compelling discovery, attendance, or production under this section.

(b) Issuance. Subpoenas justified under § 1504.108(a) may be issued by the OFI presiding officer on his or her own motion or on a motion filed with the presiding officer by any party to the OFI proceeding. Subpoenas will be issued if the presiding officer finds that the information requested is necessary to the duties of the OFI and should not otherwise be withheld.

(c) Contents. Subpoenas will bear the OFI name and seal, the name and position of the issuing officer, and the title of the proceeding. Subpoenas will command a named person to testify or produce reasonably described evidence or information at a designated time and place. The subpoena will contain the statutory basis for the request of the information and how the requested information is relevant to the execution of OFI's authority.

(d) Service. Service will be accomplished in accordance with § 1504.104(d).

(e) Motion to quash. A motion to quash a subpoena may be made no more than 5 calendar days from the date of service. Such motion shall be filed with the OFI presiding officer who issued the subpoena (and where appropriate served on the party applying for the subpoena) and shall set forth specific reasons why the information requested is clearly not necessary for the OFI to carry out its duties, or should otherwise be withheld. The OFI presiding officer may deny or grant the motion in whole or part; stay or extend the time for compliance; or modify the subpoena as appropriate.