CFR Subpart C

CFR Subpart C
in effect

5 C.F.R. § 1631.40 Subpoena authority.

The Executive Director or General Counsel may issue subpoenas pursuant to 5 U.S.C. 8480. The General Counsel may delegate this authority to a Deputy General Counsel, Associate General Counsel, or Assistant General Counsel.

5 C.F.R. § 1631.41 Production of records.

A subpoena may require the production of designated books, documents, records, electronically stored information, or tangible materials in the possession or control of the subpoenaed party when the individual signing the subpoena has determined that production is necessary to carry out any of the Agency's functions.

5 C.F.R. § 1631.42 Service.

(a) Return of service. Each subpoena shall be accompanied by a Return of Service certificate stating the date and manner of service and the names of the persons served. (b) Methods of service. Subpoenas shall be served by one of the following methods: (1) Certified or registered mail, return receipt requested to the principal place of business or the last known residential address of the subpoenaed party. (2) Fax or electronic transmission to the subpoenaed party or the subpoenaed party's counsel, provided the subpoenaed party gives prior approval. (3) Personal delivery at the principal place of business or residence of the subpoenaed party during normal business hours.

5 C.F.R. § 1631.43 Enforcement.

Upon the failure of any party to comply with a subpoena, the General Counsel shall request that the Attorney General seek enforcement of the subpoena in the appropriate United States district court.

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