In re Doctor's Hosp. of Santa Ana, Subpoena

1 OCAHO 194 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER In Re Investigation of: Doctors Hospital of Santa Ana, OCAHO Subpoena File Nos.: 90-2-01-00016A0, 90-2-01-00016B0, 90-2-01-00016C0, 90-2-01-00016D0, 90-2-01-00016E0, 90-2-01-00016F0, 90-2-01-00016G0, 90-2-01-00016H0, 90-2-01-00016I0. [Case Nos. 90S016A0,90S016B0,90S016C0,90S016D0,90S016E0 90S016F0,90S016G0,90S016H0,90S016I0] ORDER (July 9, 1990) After considering Rule 68.23 of the Rules of Practice and Procedure, the parties' memoranda, and the Administrative Law Judge being otherwise sufficiently advised, IT IS ORDERED: That the petitions to revoke or modify investigative subpoenas Nos. 90-2-01-00016A0 through -00016I0 filed by the Doctors Hospital of Santa Ana are denied in their entirety; That the testimony and documents requested in the subpoenas be taken and produced no later than July 31, 1990. This Order is based on the finding that the subpoenas issued on June 5, 1990 were not improperly served, nor are they overbroad or otherwise improperly burdensome or offensive in context of the statutory duties and authority of Special Counsel. Specifically, the production requirements objected to at page 2 of the respondent's petition dated June 22, 1990, filed June 28, 1990, appear to be material to an authorized inquiry. The request for attorneys' fees and costs set out in the July 6, 1990 Memorandum of Special Counsel is denied.

Dated: July 9, 1990.

MARVIN H. MORSE

Administrative Law Judge 1288