Enforcement of subpoenas issued by Administrator.
1. If any person to whom the Administrator has directed a subpoena refuses to attend, testify or produce evidence which the subpoena requires, the Administrator may present a petition to the district court for the judicial district in which the investigation or hearing is being carried on, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and
(c) The person has failed or refused to attend, to answer questions, or to produce evidence required by the subpoena,
Ê and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.
2. When the district court receives a petition from the Administrator, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt. A certified copy of the order must be served on the person to whom the subpoena was directed.
3. If it appears to the court that the subpoena was properly issued by the Administrator and that there is not sufficient reason that the person failed or refused to appear, the court shall order the person to appear at the time and place fixed by the court and to testify or produce the required evidence. If the person fails to comply with the order of the court, he must be punished as for a contempt of court.
Last modified: February 25, 2006