Subpoenas issue

EPA may bring suit in the Federal District Court in Washington, D.C. or anywhere the defendant lives, is present, or does business. The EPA may serve the defendant anywhere in the United States that it can find the defendant. The EPA may issue subpoenas under 7 (c)(1)(C), although it has broader subpoena-issuing powers under ll(c). ... 

In addition, sources must certify their compliance, and EPA has authority to issue administrative subpoenas for compliance data. EPA will also be authorized to issue compliance orders with compliance schedules of up to 1 year. 

Section 11 - authorizes the EPA to conduct inspections and to issue subpoenas to collect information for enforcement of the Act. 

The US Constitution, federal statutes and regulations, and state law combine to govern the collection, use, and disclosure of information. The Constitution provides certain privacy protections, but does not explicitly protect information privacy. Generally, federal law addresses privacy issues and personal information by topic (e.g., education, telecommunications, privacy, health information, motor vehicle, communications and communications records, financial and credit information, children s online (Internet) privacy) The individual s interests are usually balanced with the government s need, with authorization for personal information normally being sought through warrants, subpoenas, and court orders [120]. 

In addition to management, legal counsel may be needed if the FDA elects to take pictures or issue a subpoena for records the firm is withholding. Legal should not routinely be part of the inspection process however, its input may be needed if the inspection takes an unexpected turn. 

Subpoenas Duces Tecum. The clerk of the court may, upon the request of one of the parties and under the seal of the court, issue a subpoena commanding persons to attend and give testimony or to produce the books, papers, or other documents designed therein. The court, however, may, upon proper motion by the party served, squash the subpoena if it is unreasonable or unduly oppressive, or condition or modify its effect. Subpoenas constitute one of the principal instruments of the government in the prosecution of criminal antitrust cases. They are usually served prior to the start of the trial or very early therein, in order to allow the respondents ample time to comply. 

Section 11 also gives the EPA authority to issue subpoenas for testimony, documents, and things. These subpoenas can only be enforced by a district court, on penalty of contempt. The EPA has inherent authority to seek a judicial subpoena, in addition or as an alternative to 11 administrative... 

The EPA may conduct inspections at any renovation in target housing or child-occupied faciUties to ensure compliance, and has the authority under TSCA 11 to issue subpoenas. ... 

AUTHORIZATION—A hearing board may anthorize subpoenas, which shall be issued by the presiding hearing officer on behalf of the hearing board, for the attendance of witnesses at proceedings of the hearing board and for the production of correspondence, books, papers, documents, and other records. 

An administrative subpoena may be issued to an employer prior to the issuance of the citation to identify the location of worksites where employees of that employer are presently working or are expected to be working within the next 12 months. See FOM, Chapter 15, section I, (Administrative Subpoenas). 

A subpoena may be issued at any time during an inspection if it appears that the inspection is likely to result in a SVEP case and the Area Director determines (after consultation with the RA) that the hazards disclosed by the inspection and the inade-... 

Whenever a subpoena is to be issued pursuant to the SVEP, the Regional Administrator shall coordinate with the Regional Solicitor. 

Institutions do not need prior written consent to disclose nondirectory information where the health and safety of the student is at issue, when complying with a judicial order or subpoena, or where, as a result of a crime of violence, a disciplinary hearing was conducted by the school, a final decision was recorded, and the alleged victim seeks disclosure. In order for institutions to be able to disseminate nondirectory information in these instances, FERPA requires that institutions annually publish the policies and procedures that the institutions will follow in order to meet EERPA requirements (McCallister et al., 2010). 

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