---
title: "45 CFR 160.520 HIPAA: Subpoenas for attendance at hearing"
canonical: "https://dposchool.com/hipaa/section/160.520"
source: "https://www.ecfr.gov/current/title-45/section-160.520"
source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR."
text_as_of: "2026-10-29"
language: "en"
publisher: "DPO School"
---

45 CFR 160.520 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings

# 45 CFR 160.520 HIPAA: Subpoenas for attendance at hearing

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

## Official text

### 45 CFR 160.520(a)

**(a)** A party wishing to procure the appearance and testimony of any person at the hearing may make a motion requesting the ALJ to issue a subpoena if the appearance and testimony are reasonably necessary for the presentation of a party's case.

### 45 CFR 160.520(b)

**(b)** A subpoena requiring the attendance of a person in accordance with paragraph (a) of this section may also require the person (whether or not the person is a party) to produce relevant and material evidence at or before the hearing.

### 45 CFR 160.520(c)

**(c)** When a subpoena is served by a respondent on a particular employee or official or particular office of HHS, the Secretary may comply by designating any knowledgeable HHS representative to appear and testify.

### 45 CFR 160.520(d)

**(d)** A party seeking a subpoena must file a written motion not less than 30 days before the date fixed for the hearing, unless otherwise allowed by the ALJ for good cause shown. That motion must—

#### 45 CFR 160.520(d)(1)

**(1)** Specify any evidence to be produced;

#### 45 CFR 160.520(d)(2)

**(2)** Designate the witnesses; and

#### 45 CFR 160.520(d)(3)

**(3)** Describe the address and location with sufficient particularity to permit those witnesses to be found.

### 45 CFR 160.520(e)

**(e)** The subpoena must specify the time and place at which the witness is to appear and any evidence the witness is to produce.

### 45 CFR 160.520(f)

**(f)** Within 15 days after the written motion requesting issuance of a subpoena is served, any party may file an opposition or other response.

### 45 CFR 160.520(g)

**(g)** If the motion requesting issuance of a subpoena is granted, the party seeking the subpoena must serve it by delivery to the person named, or by certified mail addressed to that person at the person's last dwelling place or principal place of business.

### 45 CFR 160.520(h)

**(h)** The person to whom the subpoena is directed may file with the ALJ a motion to quash the subpoena within 10 days after service.

### 45 CFR 160.520(i)

**(i)** The exclusive remedy for contumacy by, or refusal to obey a subpoena duly served upon, any person is specified in 42 U.S.C. 405(e).

## Source

Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR.

[45 CFR 160.520 on eCFR](https://www.ecfr.gov/current/title-45/section-160.520)

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

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