EPA Part 2 Section 404
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. 2.404 Procedures when an employee is subpoenaed.
(a) Copies of subpoenas must immediately be sent to the General
Counsel or his designee with the recommendations of the employee's
supervisors. The General Counsel or his designee, in consultation with
the appropriate Assistant Administrator, Regional Administrator or Staff
Office Director, determines whether compliance with the subpoena would
clearly be in the interests of EPA and responds as soon as practicable.
(b) If the General Counsel or his designee denies approval to comply
with the subpoena, or if he has not acted by the return date, 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or served or that the subpoena has been withdrawn), produce a copy of
these regulations and respectfully refuse to provide any testimony or
produce any documents. United States ex rel. Touhy v. Ragen, 340 U.S.
(c) Where employees in the Office of Inspector General are
subpoenaed, the Inspector General or his designee makes the
determination under paragraphs (a) and (b) of this section in
consultation with the General Counsel.
(d) The General Counsel will request the assistance of the
Department of Justice or a U.S. Attorney where necessary to represent
the interests of the Agency and the employee.