[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1118.3]

[Page 186-187]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1118--INVESTIGATIONS, INSPECTIONS AND INQUIRIES UNDER THE CONSUMER PRODUCT SAFETY ACT--Table of Contents
 
  Subpart A--Procedures for Investigations, Inspections, and Inquiries
 
Sec. 1118.3  Compulsory processes and service.

    (a) In addition to or in lieu of authorizing the issuance of a 
notice, the Commission may elect either to seek an ex parte search 
warrant and/or use any other reasonable means authorized by law to 
initiate investigations, inspections, or inquires to obtain information 
for the purposes set forth in Sec. 1118.1(a), including but not limited 
to the following compulsory processes:
    (1) Subpoenas;
    (2) Investigational hearings;
    (3) Depositions; and
    (4) General or special orders.
    (b) Service in connection with any of the compulsory processes in 
Sec. 1118.3(a) shall be effected:
    (1) By personal service upon the person or agent in charge of the 
firm being investigated, inspected or inquired of; or
    (2) By certified mail or delivery to the last known residence or 
business address of anyone being investigated, inspected or inquired of; 
or
    (3) In the case of general or special orders where personal service, 
mailing or delivery has been unsuccessful, service may also be effected 
by publication in the Federal Register.
    (c) The date of service of any form of compulsory process shall be 
the date on which the document is received by mail, delivered in person 
or published in the Federal Register. In computing a period of time in 
which a party is required or permitted to act, the day from which the 
time begins to run shall not be included. The last day of the period 
shall be included, unless it is a Saturday, Sunday or legal holiday, in 
which event the period runs until the end of the next day that is

[[Page 187]]

not a Saturday, Sunday or legal holiday.
    (d) These rules shall be referred to in any notice of compulsory 
process served upon a person or firm.
    (e) Anyone submitting information in response to any of the 
compulsory processes referred to in Sec. 1118.3(a) should state whether 
any of the information submitted is believed to contain or relate to a 
trade secret or other matter which should be considered by the 
Commission to be confidential in accordance with section 6(a)(2) of the 
Consumer Product Safety Act (15 U.S.C. 2055(a)(2)) and whether any of 
the information is believed to be exempt from disclosure by the 
Commission under the provisions of the Freedom of Information Act (5 
U.S.C. 552) and the Commission's regulations under that Act, 16 CFR part 
1015 (42 FR 10490, February 22, 1977) or as amended. Any claim of 
confidentiality must be in writing, and any request for exemption from 
disclosure must be made in accordance with the Commission's Freedom of 
Information Act regulations, 16 CFR part 1015 (42 FR 10490, February 22, 
1977), or as amended.