[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR2.5]



[Page 10]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           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.  2.5  Subpoenas duces tecum.



    (a) Whenever a subpoena duces tecum has been served upon a DHHS 

employee or former employee commanding the production of any record, 

such person shall refer the subpoena to the Office of the General 

Counsel (including regional chief counsels) for a determination of the 

legal sufficiency of the subpoena, whether the subpoena was properly 

served, and whether the issuing court or other tribunal has jurisdiction 

over the Department.) If the General Counsel or his designee determines 

that the subpoena is legally sufficient, the subpoena was properly 

served, and the tribunal has jurisdiction, the terms of the subpoena 

shall be complied with unless affirmative action is taken by the 

Department to modify or quash the subpoena in accordance with Fed. R. 

Civ. P. 45 (c).

    (b) If a subpoena duces tecum served upon a DHHS employee or former 

employee commanding the production of any record is determined by the 

Office of the General Counsel to be legally insufficient, improperly 

served, or from a tribunal not having jurisdiction, such subpoena shall 

be deemed a request for records under the Freedom of Information Act and 

shall be handled pursuant to the rules governing public disclosure 

established in 45 CFR part 5.



[68 FR 25840, May 14, 2003]