[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2.4]

[Page 9]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 2--TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY--Table of Contents
 
Sec. 2.4  Procedures when voluntary testimony is requested or when an employee is subpoenaed.

    (a) All requests for testimony by a Department of Health and Human 
Services employee in his or her official capacity and not subject to the 
exceptions set forth in Sec. 2.1(d), of this part, must be in writing 
and must state the nature of the requested testimony, why the 
information sought is unavailable by any other means, and the reasons 
why the testimony would be in the interests of the Department of Health 
and Human Services or the Federal Government.
    (b) If the Agency head denies approval to comply with a subpoena for 
testimony, or if the Agency head has not acted by the return date, the 
employee will appear at the stated time and place, unless advised by the 
Office of the General Counsel that responding to the subpoena would be 
inappropriate (in such circumstances as, for example, an instance where 
the subpoena was not validly issued or served, where the subpoena has 
been withdrawn, or where discovery has been stayed), produce a copy of 
these regulations, and respectfully decline to testify or produce any 
documents on the basis of these regulations.