C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 2—TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY

45 C.F.R. § 2.4

Procedures when voluntary testimony is requested or when an employee is subpoenaed

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(a) All requests for testimony by an employee or former employee of the DHHS in his or her official capacity and not subject to the exceptions set forth in § 2.1(d) of this part must be addressed to the Agency head in writing and must state the nature of the requested testimony, why the information sought is unavailable by any other means, and the reasons why the testimony would be in the interest of the DHHS or the federal government.

(b) If the Agency head denies approval to comply with a subpoena for testimony, or if the Agency head has not acted by the return date, the employee will be directed to appear at the stated time and place, unless advised by the Office of the General Counsel that responding to the subpoena would be inappropriate (in such circumstances as, for example, an instance where the subpoena was not validly issued or served, where the subpoena has been withdrawn, or where discovery has been stayed), produce a copy of these regulations, and respectfully decline to testify or produce any documents on the basis of these regulations.

[68 FR 25840, May 14, 2003]
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1993–2021 · leading case: Westchester Gen. Hosp., Inc. v. Dep't of Health & Human Servs., Ctr. for Medicare & Medicaid Servs., 770 F. Supp. 2d 1286 (S.D. Fla. 2011).
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Westchester Gen. Hosp., Inc. v. Dep't of Health & Human Servs., Ctr. for Medicare & Medicaid Servs., 770 F. Supp. 2d 1286 (S.D. Fla. 2011). · cites it 5× “) The letter then states: In accordance with 45 C.F.R. § 2.4 , we disagree that the information sought is unavailable by any other means.”
Cleary, Gottlieb, Steen & Hamilton v. Dep't of Health & Human Servs., 844 F. Supp. 770 (D.D.C. 1993). “” 45 C.F.R. § 2.4 (a). The plaintiff further alleges that Dr.”
Westchester Gen. Hosp., Inc. v. dept.of Health & Human Servs., Debbie Paul, 443 F. App'x 407 (11th Cir. 2011). “After reiterating Westchester’s requested categories of testimony, DHHS stated that in accordance with 45 C.F.R. § 2.4 , it “disagree[d] that the information sought is unavailable by any other means.”
Hoste v. Shanty Creek Mgmt., Inc., 246 F. Supp. 2d 784 (W.D. Mich. 2002). “In addition, pursuant to Touhy regulations promulgated by the Department of Health and Human Services (“DHHS”), certain procedures must be followed if testimony of a DHHS employee is sought in a case in which the DHHS is not a party.”
Teva Parenteral Medicines, Inc. v. U.S. Dep't of Health & Human Servs. (D.D.C. 2012). · cites it 2× “45 C.F.R. § 2.4 (a). Therefore, a party requesting the testimony of an HHS employee must: (1) submit a request in writing which describes the nature of the testimony sought; (2) explain why the testimony is unavailable by other means; and (3) state why the testimony would be in…”
Mickendrow v. Watner, Esq. (D.N.J. 2021). “45 C.F.R. § 2.4 . The Agency Head determines whether compliance with the request would promote HHS’s objectives in accordance with their regulations.”
Westchester Gen. Hosp., Inc. v. dept.of Health & Human Servs., Debbie Paul (11th Cir. 2011). “After reiterating Westchester’s requested categories of testimony, DHHS stated that in accordance with 45 C.F.R. § 2.4 , it “disagree[d] that the information sought is unavailable by any other means.”
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