TN 17 (09-93)

A. POLICY

Regional Commissioners, in cases in their respective regions, have authority to issue subpoenas requiring attendance and testimony of witnesses and/or the production of evidence relative and material to any matter under investigation or in question before SSA.

REFERENCE:   Federal Register, Volume 36, No. 145, Wednesday, July 28, 1971

B. PROCEDURE

1. Review the Case

Regional Office staff will review the evidence development in cases involving uncooperative employers to ensure that all efforts to resolve the earnings discrepancy have been resolved and fully documented.

NOTE:   Regional staffs will refer difficult cases to OISP for review. See RS 01403.035C.3.

2. Determine if Subpoena Necessary

The Regional Commissioner will determine if it is necessary to issue a subpoena and seek advice from the Regional Chief Counsel, when necessary.

3. Prepare and Issue the Subpoena

If a subpoena is necessary, the regional office staff will:

1. Contact the appropriate field office manager to determine a date and time to include in the subpoena.

2. Prepare the subpoena and send the original to the individual being subpoenaed by certified mail with a request for return receipt.

3. Staple the return receipt to the retained copy of the subpoena in the folder when it is returned.

4. Return the folder to the appropriate field office.

4. Noncompliance With a Subpoena

If an employer refuses or fails to comply with a subpoena, the Regional Commissioner will prepare a memorandum to the Regional Chief Counsel requesting enforcement of the subpoena.