Requests for evidence.

§ 270.313 Requests for evidence. (a) After the Director establishes and deploys a Team, the Lead Investigator, or their designee, may request the testimony of any person by deposition, upon oral examination or written questions, and may request documents or other physical evidence without seeking prior approval of the Director. (b) Requests for responses to written questions will be made in writing and shall include: (1) A statement that the request is made to gather evidence necessary to an investigation being conducted under the Act; (2) Identification of the person whose responses are sought; (3) Contact information for the person to whom the responses should be submitted; (4) The date and time by which the responses are requested; (5) A statement that the questions for which responses are sought are attached; and (6) Contact information for the person to whom questions or problems regarding the request should be addressed. (c) Requests for documents or other physical evidence will be made in writing and shall include: (1) A statement that the request is made to gather evidence necessary to an investigation being conducted under the Act; (2) A description of the documents or other physical evidence sought; (3) Identification of the person or persons to whom the request is made; (4) A request that each person to whom the request is directed produce and permit inspection and copying of the documents and physical evidence in the possession, custody, or control of that person at a specific time and place; and (5) Contact information for the person to whom questions or problems regarding the request should be addressed. (d) Requests for witness testimony will be made in writing and shall include: (1) The name of the person whose testimony is requested; (2) The date, time, and place of the deposition; (3) A statement that the person whose testimony is requested may be accompanied by an attorney; and (4) Contact information for the person to whom questions or problems regarding the request should be addressed. (e) Collections of evidence under paragraphs (b), (c), and (d) of this section are investigatory in nature and will not be considered research for any purpose. [68 FR 4694, Jan. 30, 2003, as amended at 68 FR 66707, Nov. 28, 2003]