8 CFR 103.31 - Notices of subpoenas and emergency disclosures.
Code of Federal Regulations - Title 8: Aliens and Nationality (2011)
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Title 8: Aliens and Nationality
CHAPTER I: DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER B: IMMIGRATION REGULATIONS
PART 103: POWERS AND DUTIES; AVAILABILITY OF RECORDS
103.31 - Notices of subpoenas and emergency disclosures.
(a) Subpoenas. When records concerning an individual are subpoenaed by a Grand Jury, court, or a quasijudicial agency, the official served with the subpoena shall be responsible for assuring that notice of its issuance is provided to the individual. Notice shall be provided within 10 days of the service of the subpoena or, in the case of a Grand Jury subpoena, within 10 days of its becoming a matter of public record. Notice shall be mailed to the last known address of the individual and shall contain the following information: The date the subpoena is returnable, the court in which it is returnable, the name and number of the case or proceeding, and the nature of the information sought. Notice of the issuance of subpoenas is not required if the system of records has been exempted from the notice requirement pursuant to 5 U.S.C. 552a(j), by a Notice of Exemption published in the Federal Register.
(b) Emergency disclosures. If information concerning an individual has been disclosed to any person under compelling circumstances affecting health or safety, the individual shall be notified at his last known address within 10 working days of the disclosure. Notification shall include the following information: The nature of the information disclosed, the person or agency to whom it was disclosed, the date of the disclosure, and the compelling circumstances justifying the disclosure. Notification shall be given by the officer who made or authorized the disclosure.
