[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.404]

[Page 69]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
 Subpart C_Testimony by Employees and Production of Documents in Civil 
        Legal Proceedings Where the United States Is Not a Party
 
Sec. 2.404  Procedures when an employee is subpoenaed.

    (a) Copies of subpoenas must immediately be sent to the General 
Counsel or his designee with the recommendations of the employee's 
supervisors. The General Counsel or his designee, in consultation with 
the appropriate Assistant Administrator, Regional Administrator or Staff 
Office Director, determines whether compliance with the subpoena would 
clearly be in the interests of EPA and responds as soon as practicable.
    (b) If the General Counsel or his designee denies approval to comply 
with the subpoena, or if he has not acted by the return date, the 
employee must appear at the stated time and place (unless advised by the 
General Counsel or his designee that the subpoena was not validly issued 
or served or that the subpoena has been withdrawn), produce a copy of 
these regulations and respectfully refuse to provide any testimony or 
produce any documents. United States ex rel. Touhy v. Ragen, 340 U.S. 
462 (1951).
    (c) Where employees in the Office of Inspector General are 
subpoenaed, the Inspector General or his designee makes the 
determination under paragraphs (a) and (b) of this section in 
consultation with the General Counsel.
    (d) The General Counsel will request the assistance of the 
Department of Justice or a U.S. Attorney where necessary to represent 
the interests of the Agency and the employee.