Delegation of Subpoena Authority and Description of Means of Service

Federal RegisterDec 30, 1996

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AH00

Delegation of Subpoena Authority and Description of Means of

Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule an interim rule amending

the Department of Veterans Affairs (VA) regulations concerning

authority of VA officials to issue subpoenas by revoking the delegation

of authority to the Inspector General and subordinate officials and by

adding a delegation of authority to the Under Secretary for Health and

certain subordinate officials. The interim rule also amended the

regulations by specifying the means of service for VA subpoenas. The

intended effect of this rule is to make the Department's delegations of

subpoena power consistent with legal authority and to ensure that VA

has the means to obtain information necessary to determine whether

individuals are entitled to income-based benefits.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT: Barry M. Tapp, Deputy Assistant

General Counsel (023A), Office of the General Counsel, Department of

Veterans Affairs, 810 Vermont Avenue NW, Washington DC 20420, (202)

273-6334.

SUPPLEMENTARY INFORMATION: On August 10, 1995, VA published in the

Federal Register (60 FR 40756) an interim rule as described in the

Summary portion of this document. A 61-day comment period ended October

10, 1995, and no comments were received.

This final rule affirms the information in the interim rule

document concerning the Regulatory Flexibility Act.

Accordingly, the interim rule amending 38 CFR part 2 which was

published at 60 FR 40756 on August 10, 1995, is adopted as a final rule

without change; except that the authority citation for the provisions

in this final rule was changed in a document published in the Federal

Register on May 7, 1996 (1 FR 20438), and this document leaves in place

the new authority citation.

Approved: November 19, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

[FR Doc. 96-33075 Filed 12-27-96; 8:45 am]

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