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Can a subpoena be issued to obtain records from AWE and DOE contractors in cases where requests made by NIOSH, SEC petitioners, the Advisory Board, or their contractor go unanswered?

April 26, 2017AWE cases contractors DOE issued niosh obtain records requests subpoena

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Can a subpoena be issued to obtain records from AWE and DOE contractors in cases where requests made by NIOSH, SEC petitioners, the Advisory Board, or their contractor go unanswered?

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Before NIOSH can request DOL to use a subpoena to obtain records, it must demonstrate due diligence in requesting the records, show that the requests were resisted, and substantiate its assertion that the records do exist. So far, it has not been necessary for DOL to issue a subpoena.