§3016 Administrative subpoenas

Summary

The Postmaster General may demand records by subpoena in investigations under section 3005(a). Before issuing a subpoena, the Postal Service must open a specific case naming a subject, get supervisory and legal review, and limit approval to the General Counsel or a Deputy General Counsel. In formal proceedings under section 3005(a), a Judicial Officer may also subpoena witnesses and records. The Judicial Officer’s power is separate from the Postmaster General’s. A subpoena can be served by a person named under section 3061 of title 18 anywhere a U.S. court has territory. If the person is outside the United States, service follows the Federal Rules for foreign service, and the U.S. District Court for the District of Columbia can act on compliance when U.S. courts have jurisdiction. Service on a business can be done by giving a copy to an officer, agent, or the main office, or by registered or certified mail with return receipt. Service on a person can be by personal delivery or registered/certified mail with return receipt. The server must file a sworn return showing how service was made. If someone disobeys a subpoena, the Postmaster General may ask the Attorney General to ask a federal district court where the person lives, is found, or does business to enforce it. That court can order compliance, and final orders may be appealed under section 1291 of title 28; refusing a final court order can be punished as contempt. Documents given under these subpoenas are exempt from disclosure under section 552 of title 5.