[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.16]

[Page 157-158]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1601_PROCEDURAL REGULATIONS--Table of Contents
 
 Subpart B_Procedure for the Prevention of Unlawful Employment Practices
 
Sec.  1601.16  Access to and production of evidence; testimony of witnesses; 
procedure and authority.

    (a) To effectuate the purposes of title VII and the ADA, any member 
of the Commission shall have the authority to sign and issue a subpoena 
requiring:

[[Page 158]]

    (1) The attendance and testimony of witnesses;
    (2) The production of evidence including, but not limited to, books, 
records, correspondence, or documents, in the possession or under the 
control of the person subpoenaed; and
    (3) Access to evidence for the purposes of examination and the right 
to copy.

Any District Director, and the Director of the Office of Field Programs, 
or upon delegation, the Director of Field Management Programs, or any 
representatives designated by the Commission, may sign and issue a 
subpoena on behalf of the Commission. The subpoena shall state the name 
and address of its issuer, identify the person or evidence subpoenaed, 
the person to whom and the place, date, and the time at which it is 
returnable or the nature of the evidence to be examined or copied, and 
the date and time when access is requested. A subpoena shall be 
returnable to a duly authorized investigator or other representative of 
the Commission. Neither the person claiming to be aggrieved, the person 
filing a charge on behalf of such person nor the respondent shall have 
the right to demand that a subpoena be issued.
    (b)(1) Any person served with a subpoena who intends not to comply 
shall petition the issuing Director or petition the General Counsel, if 
the subpoena is issued by a Commissioner, to seek its revocation or 
modification. Petitions must be mailed to the Director or General 
Counsel, as appropriate, within five days (excluding Saturdays, Sundays 
and Federal legal holidays) after service of the subpoena. Petitions to 
the General Counsel shall be mailed to 1801 L Street, NW., Washington DC 
20507. A copy of the petition shall also be served upon the issuing 
official.
    (2) The petition shall separately identify each portion of the 
subpoena with which the petitioner does not intend to comply and shall 
state, with respect to each such portion, the basis for noncompliance 
with the subpoena. A copy of the subpoena shall be attached to the 
petition and shall be designated ``Attachment A.'' Within eight calendar 
days after receipt or as soon as practicable, the General Counsel or 
Director, as appropriate, shall either grant the petition to revoke or 
modify in its entirety or make a proposed determination on the petition, 
stating reasons, and submit the petition and proposed determination to 
the Commission for its review and final determination. A Commissioner 
who has issued a subpoena shall abstain from reviewing a petition 
concerning that subpoena. The Commission shall serve a copy of the final 
determination on the petitioner.
    (c) Upon the failure of any person to comply with a subpoena issued 
under this section, the Commission may utilize the procedures of section 
11(2) of the National Labor Relations Act, as amended, 29 U.S.C. 161(2), 
to compel enforcement of the subpoena.
    (d) If a person who is served with a subpoena does not comply with 
the subpoena and does not petition for its revocation or modification 
pursuant to paragraph (b) of this section, the General Council or his or 
her designee may institute proceedings to enforce the subpoena in 
accordance with the provisions of paragraph (c) of this section. 
Likewise, if a person who is served with a subpoena petitions for 
revocation or modification of the subpoena pursuant to paragraph (b), 
and the Commission issues a final determination upholding all or part of 
the subpoena, and the person does not comply with the subpoena, the 
General Council or his or her designee may institute proceedings to 
enforce the subpoena in accordance with paragraph (c) of this section.
    (e) Witnesses who are subpoenaed pursuant to Sec.  1601.16(a) shall 
be entitled to the same fees and mileage that are paid witnesses in the 
courts of the United States.

[43 FR 30798, July 18, 1978, as amended at 47 FR 46275, Oct. 18, 1982; 
51 FR 29098, Aug. 14, 1986; 54 FR 32061, Aug. 4, 1989; 55 FR 14245, Apr. 
17, 1990; 56 FR 9624, Mar. 7, 1991; 71 FR 26828, May 9, 2006]