EPA Part 2 Section 405

TITLE 40--PROTECTION OF ENVIRONMENT
 
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2--PUBLIC INFORMATION--Table of Contents
 
Subpart C--Testimony by Employees and Production of Documents in Civil 
        Legal Proceedings Where the United States Is Not a Party
 

Sec. 2.405  Subpoenas duces tecum.

    Subpoenas duces tecum for documents or other materials are treated 
the same as subpoenas for testimony. Unless the General Counsel or his 
designee, in consultation with the appropriate Assistant Administrator, 
Regional Administrator or Staff Office Director (or, as to employees in 
the Office of Inspector General, the Inspector General) determines that 
compliance with the subpoena is clearly in the interests of EPA, the 
employee must appear at the stated time and place (unless advised by the 
General Counsel or his designee that the subpoena was not validly issued 
or served or that the subpoena has been withdrawn) and respectfully 
refuse to produce the subpoenaed materials. However, where a subpoena 
duces tecum is essentially a written request for documents, the 
requested documents will be provided or denied in accordance with 
subparts A and B of this part where approval to respond to the subpoena 
has not been granted.
EPA Part 2 Section 405

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