cfr_sections: 40:40:1.0.1.1.2.3.1.5

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section_id	title_number	title_name	chapter	subchapter	part_number	part_name	subpart	subpart_name	section_number	section_heading	agency	authority	source_citation	amendment_citations	full_text
40:40:1.0.1.1.2.3.1.5	40	Protection of Environment	I	A	2	PART 2—PUBLIC INFORMATION	C	Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party	2.405	§ 2.405 Subpoenas	EPA	5 U.S.C. 301; Reorganization Plan No. 3 of 1970, 5 U.S.C. App.; 33 U.S.C. 361(a); 42 U.S.C. 300j-9; 42 U.S.C. 6911a, 42 U.S.C. 7601(a).	50 FR 32387, Aug. 9, 1985, unless otherwise noted.		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by the General Counsel or his designee that the subpoena was not validly issued or served or that the subpoena has been withdrawn) and respectfully refuse to produce the subpoenaed materials.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.