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. 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]