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PART 15—LEGAL PROCEEDINGS Subpart A—Service of Process

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PART 15—LEGAL PROCEEDINGS Subpart A—Service of Process Office of the Secretary, Commerce Pt. 15 (d) If a program or activity is not se- § 13.11 Obligations in interstate situa- lected for a state process, state, tions. areawide, regional and local officials (a) The Secretary is responsible for: and entities may submit comments ei- (1) Identifying proposed Federal fi- ther to the applicant or to the Depart- nancial assistance and direct Federal ment. In addition, if a state process development that have an impact on recommendation for a nonselected pro- interstate areas; gram or activity is transmitted to the (2) Notifying appropriate officials Department by the single point of con- and entities in states which have tact, the Secretary follows the proce- adopted a process and which select the dures of § 13.10 of this part. Department’s program or activity. (e) The Secretary considers com- ments which do not constitute a state (3) Making efforts to identify and no- process recommendation submitted tify the affected state, areawide, re- under these regulations and for which gional, and local officials and entities the Secretary is not required to apply in those states that have not adopted a the procedures of § 13.10 of this part, process under the Order or do not se- when such comments are provided by a lect the Department’s program or ac- single point of contact, by the appli- tivity; cant, or directly to the Department by (4) Responding pursuant to § 13.10 of a commenting party. this part if the Secretary receives a recommendation from a designated § 13.10 Accommodation of intergovern- areawide agency transmitted by a sin- mental concerns. gle point of contact, in cases in which (a) If a state process provides a state the review, coordination, and commu- process recommendation to the Depart- nication with the Department have ment through its single point of con- been delegated. tact, the Secretary either: (b) The Secretary uses the procedures (1) Accepts the recommendation; in § 13.10 if a state process provides a (2) Reaches a mutually agreeable so- state process recommendation to the lution with the state process; or Department through a single point of (3) Provides the single point of con- contact. tact with a written explanation of the decision in such form as the Secretary PART 14 [RESERVED] in his or her discretion deems appro- priate. The Secretary may also supple- PART 15—LEGAL PROCEEDINGS ment the written explanation by pro- viding the explanation to the single Subpart A—Service of Process point of contact by telephone, other telecommunication, or other means. Sec. (b) In any explanation under para- 15.1 Scope and purpose. graph (a)(3) of this section, the Sec- 15.2 Definitions. retary informs the single point of con- 15.3 Acceptance of service of process. tact that: Subpart B—Testimony by Employees and (1) The Department will not imple- the Production of Documents in Legal ment its decision for at least ten days Proceedings after the single point of contact re- ceives the explanation; or 15.11 Scope. (2) The Secretary has reviewed the 15.12 Definitions. decision and determined that, because 15.13 Demands for testimony or production of unusual circumstances, the waiting of documents: Department policy. period of at least ten days is not fea- 15.14 Demand for testimony or production sible. of documents: Department procedures. (c) For purposes of computing the 15.15 Procedures when a Department em- ployee receives a subpoena. waiting period under paragraph (b)(1) 15.16 Legal proceedings between private of this section, a single point of con- litigants: Expert or opinion testimony. tact is presumed to have received writ- 15.17 Demands or requests in legal pro- ten notification 5 days after the date of ceedings for records protected by con- mailing of such notification. fidentiality statutes. 135 VerDate Sep<11>2014 13:05 Sep 03, 2021 Jkt 253051 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Y:\SGML\253051.XXX 253051 § 15.1 15 CFR Subtitle A (1–1–21 Edition) 15.18 Testimony of Department employees § 15.2 Definitions. in proceedings involving the United States. For the purpose of this subpart: (a) General Counsel means the Gen- Subpart C—Involuntary Child and Spousal eral Counsel of the United States De- Support Allotments of NOAA Corps Officers partment of Commerce or other De- partment employee to whom the Gen- 15.21 Purpose. eral Counsel has delegated authority to 15.22 Applicability and scope. act under this subpart, or the chief 15.23 Definitions. legal officer (or designee) of the De- 15.24 Policy. partment of Commerce component con- 15.25 Procedures. cerned. Subpart D—Statement of Policy and Proce- (b) Component means Office of the dures Regarding Indemnification of Secretary or an operating unit of the Department of Commerce Employees Department as defined in Department Organization Order 1–1. 15.31 Policy. (c) Department means the Department 15.32 Procedures for the handling of law- of Commerce. suits against Department employees arising within the scope of their office or (d) Department employee means any employment. officer or employee of the Department, including commissioned officers of the AUTHORITY: 5 U.S.C. 301; 15 U.S.C. 1501, 1512, National Oceanic and Atmospheric Ad- 1513, 1515 and 1518; Reorganization Plan No. 5 ministration. of 1950; 3 CFR, 1949–1953 Comp., p. 1004; 44 U.S.C. 3101; subpart C is issued under 37 (e) Legal proceeding means a pro- U.S.C. 101, 706; 15 U.S.C. 1673; 42 U.S.C. 665. ceeding before a tribunal constituted by law, including a court, an adminis- EDITORIAL NOTE: Nomenclature changes to trative body or commission, or an ad- part 15 appear at 62 FR 19669, Apr. 23, 1997. ministrative law judge or hearing offi- cer. Subpart A—Service of Process (f) Official business means the author- ized business of the Department. SOURCE: 53 FR 41318, Oct. 21, 1988, unless (g) Secretary means Secretary of otherwise noted. Redesignated at 62 FR 19669, Commerce. Apr. 23, 1997. § 15.3 Acceptance of service of process. § 15.1 Scope and purpose. (a) Except as otherwise provided in (a) This subpart sets forth the proce- this subpart, any summons or com- dures to be followed when a summons plaint to be served in person or by reg- or complaint is served on the Depart- istered or certified mail or as otherwise ment, a component, or the Secretary or authorized by law on the Department, a Department employee in his or her a component or the Secretary or a De- official capacity. partment employee in their official ca- (b) This subpart is intended to ensure pacity, shall be served on the General the orderly execution of the affairs of Counsel of the United States Depart- the Department and not to impede any ment of Commerce, Washington, DC legal proceeding. 20230. (c) This subpart does not apply to (b) Any summons or complaint to be subpoenas. The procedures to be fol- served in person or by registered or lowed with respect to subpoenas are set certified mail or as otherwise author- out in subpart B. ized by law on the Patent and Trade- (d) This subpart does not apply to mark Office or the Commissioner of service of process made on a Depart- Patents and Trademarks or an em- ment employee personally on matters ployee of the Patent and Trademark not related to official business of the Office in his or her official capacity, Department or to the official respon- shall be served on the Solicitor for the sibilities of the Department employee. Patent and Trademark Office or a De- [53 FR 41318, Oct. 21, 1988. Redesignated and partment employee designated by the amended at 62 FR 19669, 19670, Apr. 23, 1997] Solicitor. 136 VerDate Sep<11>2014 13:05 Sep 03, 2021 Jkt 253051 PO 00000 Frm 00146 Fmt 8010 Sfmt 8010 Y:\SGML\253051.XXX 253051 Office of the Secretary, Commerce § 15.12 (c) Except as otherwise provided in (h) Upon acceptance of service or re- this subpart, any component or Depart- ceiving notification of service, as pro- ment employee served with a summons vided in this section, the General Coun- or complaint shall immediately notify sel and Solicitor shall take appropriate and deliver the summons or complaint steps to protect the rights of the De- to the office of the General Counsel. partment, component, the Secretary or Any employee of the Patent and Trade- Department employee involved. mark Office served with a summons or complaint shall immediately notify Subpart B—Testimony by Employ- and deliver the summons or complaint to the office of the Solicitor. ees and the Production of (d) Any Department employee receiv- Documents in Legal Pro- ing a summons or complaint shall note ceedings on the summons or complaint the date, hour, and place of service and whether SOURCE: 60 FR 9291, Feb. 17, 1995, unless service was by personal delivery or by otherwise noted. Redesignated at 62 FR 19669, mail. Apr. 23, 1997. (e) When a legal proceeding is brought to hold a Department em- § 15.11 Scope. ployee personally liable in connection (a) This subpart sets forth the poli- with an action taken in the conduct of cies and procedures of the Department official business, rather than liable in of Commerce regarding the testimony an official capacity, the Department of employees, and former employees, as employee by law is to be served person- witnesses in legal proceedings and the ally with process. Service of process in production or disclosure of information this case is inadequate when made contained in Department of Commerce upon the General Counsel or the Solic- documents for use in legal proceedings itor or their designees.
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