[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2.4]

[Page 9-10]
 
                        TITLE 45--PUBLIC WELFARE
 
                           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. 2.4  Procedures when voluntary testimony is requested or when an employee is subpoenaed.

    (a) All requests for testimony by an employee or former employee of 
the DHHS in his or her official capacity and not subject to the 
exceptions set forth in Sec. 2.1(d) of this part must be addressed to 
the Agency head in writing and must state the nature of the requested 
testimony, why the information sought is unavailable by any other means, 
and the reasons why the testimony would be in the interest of the DHHS 
or the federal government.
    (b) If the Agency head denies approval to comply with a subpoena for 
testimony, or if the Agency head has

[[Page 10]]

not acted by the return date, the employee will be directed to appear at 
the stated time and place, unless advised by the Office of the General 
Counsel that responding to the subpoena would be inappropriate (in such 
circumstances as, for example, an instance where the subpoena was not 
validly issued or served, where the subpoena has been withdrawn, or 
where discovery has been stayed), produce a copy of these regulations, 
and respectfully decline to testify or produce any documents on the 
basis of these regulations.

[68 FR 25840, May 14, 2003]