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38 U.S.C. § 4326 — Conduct of investigation; subpoenas

submitted 32 years ago by Pub. L. 103-353 to r/title-38-VETERANS-BENEFITS · 234 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses conduct of investigation; subpoenas. It states the rules set out in the section.

(a) In carrying out any investigation under this chapter, the Secretary’s duly authorized representatives must, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to the investigation and must have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation. (b) In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena. (c) Upon application, the district courts of the United States must have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made under a lawful investigation under this chapter and the district courts must have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court. (d) Subsections (b) and (c) must not apply to the legislative branch or the judicial branch of the United States.

the actual law source: uscode.house.gov ↗public domain
(a)

In carrying out any investigation under this chapter, the Secretary’s duly authorized representatives shall, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to the investigation and shall have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation.

(b)

In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.

(c)

Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this chapter and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.

(d)

Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States.

Source credit: (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, § 311(13), Oct. 9, 1996, 110 Stat. 3336.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-353 · 108 Stat. 3167
  • 1996Amended · Pub. L. 104-275 · 110 Stat. 3336

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-353 on 1994-10-13.

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