[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.36]

[Page 64]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec. 3.36  Applications for subpoenas for records, or appearances 

by officials or employees, of governmental agencies other than the 
Commission, and subpoenas 
          to be served in a foreign country.

    (a) Form. An application for issuance of a subpoena for the 
production of documents, as defined in Sec. 3.34(b), or for the 
issuance of a subpoena requiring access to documents or other tangible 
things, for the purposes described in Sec. 3.37(a), in the possession, 
custody, or control of a governmental agency other than the Commission 
or the officials or employees of such other agency, or for the issuance 
of a subpoena requiring the appearance of an official or employee of 
another governmental agency, or for the issuance of a subpoena to be 
served in a foreign country, shall be made in the form of a written 
motion filed in accordance with the provisions of Sec. 3.22(a). No 
application for records pursuant to Sec. 4.11 of this chapter or the 
Freedom of Information Act may be filed with the Administrative Law 
Judge.
    (b) Content. The motion shall satisfy the same requirements for a 
subpoena under Sec. 3.34 or a request for production or access under 
Sec. 3.37, together with a specific showing that:
    (1) The material sought is reasonable in scope:
    (2) If for purposes of discovery, the material falls within the 
limits of discovery under Sec. 3.31(c)(1), or, if for an adjudicative 
hearing, the material is reasonably relevant;
    (3) The information or material sought cannot reasonably be obtained 
by other means; and
    (4) With respect to subpoenas to be served in a foreign country, 
that the party seeking discovery has a good faith belief that the 
discovery requested would be permitted by treaty, law, custom or 
practice in the country from which the discovery is sought and that any 
additional procedural requirements have been or will be met before the 
subpoena is served.
    (c) Execution. If an ALJ issues an Order authorizing a subpoena 
pursuant to this section, the moving party may forward to the Secretary 
a request for the authorized subpoena, with a copy of the authorizing 
Order attached. Each such subpoena shall be signed by the Secretary; 
shall have attached to it a copy of the authorizing Order; and shall be 
served by the moving party only in conjunction with a copy of the 
authorizing Order.

[66 FR 17629, Apr. 3, 2001; 66 FR 20527, Apr. 23, 2001]