§ 909.3 - Response to subpena duces tecum.

(a) Any officer or employee served with a subpena duces tecum or the equivalent for the production of any NOAA record shall promptly notify the Office of General Counsel. The subpena duces tecum shall be treated as a request for records, information, or data under 15 CFR part 903.

(b) The officer or employee served shall decline to produce the record that is the subject of a subpena duces tecum until its release has been authorized pursuant to 15 CFR part 903. If, as a result of having complied with the preceding sentence of this subsection, the officer or employee is ordered to show cause why he or she should not be held in contempt of the court issuing the subpena, the General Counsel shall request the Department of Justice to represent the officer or employee.