-CITE-
21 USC Sec. 876 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part E - Administrative
and Enforcement Provisions
-HEAD-
Sec. 876. Subpenas
-STATUTE-
(a) Authorization
of use by Attorney General
In any investigation relating to his functions under this subchapter
with respect to controlled substances, listed chemicals, tableting machines,
or encapsulating machines, the Attorney General may subpena witnesses,
compel the attendance and testimony of witnesses, and require the production
of any records (including books, papers, documents, and other tangible
things which constitute or contain evidence) which the Attorney General
finds relevant or material to the investigation. The attendance of witnesses
and the production of records may be required from any place in any
State or in any territory or other place subject to the jurisdiction
of the United States at any designated place of hearing; except that
a witness shall not be required to appear at any hearing more than 500
miles distant from the place where he was served with a subpena. Witnesses
summoned under this section shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
(b) Service
A subpena issued under
this section may be served by any person designated
in the subpena to serve it. Service upon a natural person
may be made by personal delivery of the subpena to him. Service
may be made upon a domestic or foreign corporation or upon a
partnership or other unincorporated association which is subject to
suit under a common name, by delivering the subpena to an officer,
to a managing or general agent, or to any other agent authorized
by appointment or by law to receive service of process. The
affidavit of the person serving the subpena entered on a true copy
thereof by the person serving it shall be proof of service.
(c) Enforcement
In the case of contumacy by or refusal to obey a subpena issued to any
person, the Attorney General may invoke the aid of any court of the
United States within the jurisdiction of which the investigation is
carried on or of which the subpenaed person is an inhabitant, or in
which he carries on business or may be found, to compel compliance with
the subpena. The court may issue an order requiring the subpenaed person
to appear before the Attorney General to produce records, if so ordered,
or to give testimony touching the matter under investigation. Any failure
to obey the order of the court may be punished by the court as a contempt
thereof. All process in any such case may be served in any judicial
district in which such person may be found.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 506, Oct. 27, 1970, 84 Stat. 1272; Pub.
L. 100-690, title VI, Sec. 6058, Nov. 18, 1988, 102 Stat. 4319.)
-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub.
L. 100-690 inserted ''listed chemicals, tableting
machines, or encapsulating machines,'' after ''with respect
to controlled substances,''.
EFFECTIVE
DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-690
effective 120 days after Nov. 18, 1988,
see section 6061 of Pub. L. 100-690, set out as a note under section
802 of this title.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 880 of this title.
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