29 C.F.R. § 1601.17

Witnesses for public hearings

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(a) To effectuate the purposes of title VII, the ADA, GINA, and the PWFA, any Commissioner, upon approval of the Commission, may demand in writing that a person appear at a stated time and place within the State in which such person resides, transacts business, or is served with the demand, for the purpose of testifying under oath before the Commission or its representative. If there be noncompliance with any such demand, the Commission may utilize the procedures of section 710 of title VII, the ADA, GINA, and the PWFA to compel such person to testify. A transcript of testimony may be made a part of the record of each investigation.

(b) Witnesses who testify as provided in paragraph (a) of this section shall be entitled to the same fees and mileage that are paid witnesses in the courts of the United States.

[42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, Mar. 7, 1991; 74 FR 63983, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024; 89 FR 13618, Feb. 23, 2024]

Notes of Decisions

Cited in 2 cases, 1981–1982 · leading case: Equal Emp. Opportunity Comm'n, Appellee, v. Univ. of Pittsburgh, Appellant, 643 F.2d 983 (3rd Cir. 1981).

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Equal Emp. Opportunity Comm'n, Appellee, v. Univ. of Pittsburgh, Appellant, 643 F.2d 983 (3rd Cir. 1981). “29 C.F.R. 1601.17 (1979). All this information was contained within the subpoena.”

Sunbeam Appliance Co., Etc. v. Kelly, 532 F. Supp. 96 (N.D. Ill. 1982). “The subpoena shall state the name and address of its issuer, identify the person to whom and the place, date, and time at which it is returnable or the nature of the evidence to be examined or copied, and the date and time when access is requested.”

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