24 C.F.R. § 1720.420 Rulings on applications for compulsory process; appeals.
Title 24 - Housing and Urban Development
(a) Applications for orders requiring the production of witnesses' statements pursuant to the provisions of §1720.430, applications for orders requiring the taking of depositions pursuant to §1720.405 and applications for the issuance of subpoenas pursuant to §§1720.410 and 1720.415 may be made ex parte, and, if so made, such applications and the rulings thereon shall remain ex parte unless otherwise ordered by the administrative law judge. Such applications shall be ruled upon by the administrative law judge assigned to hear the case or, in the event that judge is not available, by another administrative law judge designated by the Secretary. (b) Appeals to an appeals officer from rulings denying applications within the scope of paragraph (a) of this section, or from rulings on motions to limit or quash process issued pursuant to such applications will be entertained by the appeals officer only upon a showing that the ruling complained of involves substantial rights and will materially affect the final decision, and that a determination of its correctness before conclusion of the hearing is essential to serve the interests of justice. Such appeals shall be made on the record, shall briefly state the grounds relied on and shall be filed within 5 days after notice of the ruling complained of. Appeals from denials of ex parte applications shall have annexed thereto copies of the applications and rulings involved. Any answer to such appeal shall not operate to suspend the hearing unless otherwise ordered by the administrative law judge or the appeals officer.
Title 24: Housing and Urban Development
PART 1720—FORMAL PROCEDURES AND RULES OF PRACTICE
Subpart D—Adjudicatory Proceedings
Discovery and Evidence
§ 1720.420 Rulings on applications for compulsory process; appeals.
