Procedures for Accepting and Responding to Subpoenas

To fulfill the requirements of 107 CMR 2.11, the following procedures shall be observed by all Commission personnel: (1) Service of subpoena which names an individual state officer or employee will be accepted on behalf of the officer or employee by the area director, or designee; the subpoena must be served at least three business days prior to and not including the day in which the attendance of said officer or employee is demanded. (2) The area director or designee may notify the client or applicant of the subpoena for his/her records. (3) The area director or designee shall notify the legal office of the Commission of receipt of the subpoena. The legal office shall, as appropriate proceed to notify the individual and the deponent of the Commission’s requirement that the individual consent to the release of her or his records or that a court order be obtained before the Commission can comply with the subpoena.