(a) General. Subpoenas requiring the attendance of witnesses or the production of documentary or physical evidence for the purpose of taking depositions or at a hearing may be issued only under the signature of the Director with the concurrence of the General Counsel, but may be served by any person designated by the Counsel for NIST on behalf of the Director.
(b) Determination whether to issue a subpoena. In determining whether to issue a subpoena, the Director will consider the following factors:
(1) Whether the testimony, documentary, or physical evidence is required for an investigation being conducted pursuant to the Act;
(2) Whether the evidence sought is relevant to the purpose of the investigation;
(3) Whether NIST already has the evidence in its possession; and
(4) Whether the evidence required is described with specificity.
(c) Contents of a subpoena. A subpoena issued by the Director will contain the following:
(1) A statement that the subpoena is issued by the Director pursuant to section 5 of the Act;
(2) A description of the documents or physical evidence or the subject matter of the testimony required by the subpoena;
(3) A command that each person to whom it is directed attend and give testimony or produce and permit inspection and copying of designated books, documents or physical evidence in the possession, custody or control of that person at a time and place specified in the subpoena;
(4) A statement that any person whose testimony is required by the subpoena may be accompanied by an attorney; and
(5) The signature of the Director.
(d) Service of a subpoena. Service of a subpoena will be effected:
(1) By personal service upon the person or agent of the person whose testimony is required or who is in charge of the documentary or physical evidence required; or
(2) By certified mail, return receipt requested, or delivery to the last known residence or business address of such person or agent; or
(3) Where personal service, mailing, or delivery has been unsuccessful, service may also be effected by publication in the Federal Register.
(e) Witness fees. Witnesses will be entitled to the same fees and mileage as are paid to witnesses in the courts of the United States.
(f) Failure to obey a subpoena. If a person disobeys a subpoena issued by the Director under the Act, the Attorney General, acting on behalf of the Director, may bring civil action in a district court of the United States to enforce the subpoena. The court may punish a failure to obey an order of the court to comply with the subpoena as a contempt of court.
[68 FR 4694, Jan. 30, 2003, as amended at 68 FR 24345, May 7, 2003; 68 FR 66707, Nov. 28, 2003]