C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER A—GENERAL › PART 2—PUBLIC INFORMATION › Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party

40 C.F.R. § 2.406

Requests for authenticated copies of EPA documents

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Requests for authenticated copies of EPA documents for purposes of admissibility under 28 U.S.C. 1733 and Rule 44 of the Federal Rules of Civil Procedure will be granted for documents which would otherwise be released pursuant to subpart A. For purposes of Rule 44 the person having legal custody of the record is the cognizant Assistant Administrator, Regional Administrator, Staff Office Director or Office Director or his designee. The advice of the Office of General Counsel should be obtained concerning the proper form of authentication.

Notes of Decisions
Cited in 1 case, 1987–1987 · leading case: In re Issuance of Order Requiring the United States Env't Prot. Agency, 831 F.2d 22 (1st Cir. 1987).
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In re Issuance of Order Requiring the United States Env't Prot. Agency, 831 F.2d 22 (1st Cir. 1987). “We note, first, that no request for authentication of the test results under 40 C.F.R. § 2.406 has ever been tendered.”
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