[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: 16CFR1118.9]

[Page 189-190]
 
                     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. 1118.9  Motions to limit or quash subpoenas and general or special orders and delegation to modify terms for compliance.

    (a) The Commission hereby delegates to the Associate Executive 
Director for Compliance and Enforcement; the Solicitor; the Directors of 
Divisions of Enforcement, Product Defect Correction, and Regulatory 
Management; and the General Counsel the authority:
    (1) To negotiate and approve the terms of satisfactory compliance 
with subpoenas and general or special orders;
    (2) To impose conditions upon compliance with such compulsory 
processes; and
    (3) To extend the time for compliance and the time for filing 
motions to limit or quash.
    (b) The person or firm served with a subpoena or general or special 
order may file a motion to limit or quash the subpoena or order. Any 
motion to limit or quash shall set forth the reasons why the subpoena or 
order should be limited or quashed and may be accompanied by memoranda, 
affidavits, or other documents submitted in support of the motion. The 
motion must be received in the Office of the Secretary of the Commission 
within 10 calendar days of receipt of the subpoena or order unless:
    (1) The subpoena or order provides for a different time; or
    (2) The Commission, for good cause shown, grants an extension of 
time to file a motion.
    (c) Upon receipt of a motion to limit or quash, the Office of the 
Secretary shall immediately notify and transmit a copy to the 
appropriate staff member. Unless a different period of time is specified 
in the subpoena or order, the staff shall file an answer with the Office 
of the Secretary within 10 calendar days after receipt of the motion. A 
copy of the answer shall be served upon the moving party or the counsel 
of the moving party. No reply to the answer will be permitted.
    (d) All motions to limit or quash shall be ruled upon by the 
Commision. The Office of the Secretary shall serve the decision on a 
motion to limit or quash upon the moving party or the counsel for the 
moving party and shall

[[Page 190]]

furnish a copy of the decision to the appropriate staff member. The 
Commission's decision is a final decision. Motions for reconsideration 
will not be received.