---
kind: "section"
citation: "10 C.F.R. § 501.40"
title: "10"
number: "501.40"
heading: "Issuance."
url: "https://uscodex.org/cfr/10/501.40"
---

# §501.40. Issuance.

- (a) **Authority.** As authorized by [section 711](/cfr/10/711.md) of FUA and [section 645](/cfr/10/645.md) of the DEOA, the Administrator, his duly authorized agent or a Presiding Officer may, in accordance with [10 CFR 205.8](/cfr/10/205.8.md), sign, issue, and serve subpoenas; issue special report orders (SRO); administer oaths and affirmations; take sworn testimony, compel attendance of and sequester witnesses; control the dissemination of any record of testimony taken pursuant to this section; and subpoena and reproduce books, papers, correspondence, memoranda, contracts, agreements, or other relevant records of tangible evidence including, but not limited to, information retained in computerized or other automated systems in the possession of the subpoenaed person.
- (b) **Petition to withdraw or modify.** Prior to the time specified for compliance in the subpoena or SRO, the person to whom the subpoena or SRO is directed may apply for its withdrawal or modification as provided in [10 CFR 205.8](/cfr/10/205.8.md), except that if the subpoena or SRO is issued by a duly appointed Presiding Officer, the request to withdraw or modify must be addressed to that Presiding Officer, and its grant or denial will be decided by him.

## Notes

### Authority

Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.

### Source

Source: 46 FR 59889, Dec. 7, 1981, unless otherwise noted.