45 C.F.R. PART 4—SERVICE OF PROCESS
Title 45 - Public Welfare
Authority: 5 U.S.C. 301, 42 U.S.C. 300aa–11.
Source: 48 FR 24079, May 31, 1983, unless otherwise noted.
Summonses and complaints to be served by mail on the Department of Health and Human Services, the Secretary of Health and Human Services, or other employees of the Department in their official capacities should be sent to the General Counsel, Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, DC 20201. Subpoenas and other process (other than summonses and complaints) that are required to be served on the Department of Health and Human Services or the Secretary of Health and Human Services in his official capacity should be served as follows: (a) If authorized by law to be served by mail, any mailed process should be sent to the General Counsel, Department of Health and Human Services, 200 Independence, S.W., Washington, DC 20201. (b) If served by an individual, the process should be delivered to the staff of the correspondence control unit in the Office of the General Counsel, Room 711–E, 200 Independence Avenue, S.W., Washington, DC, or, in the absence of that staff, to any Deputy General Counsel or secretary to any Deputy General Counsel of the Department. Process to be served on Department officials in their individual capacities must be served in compliance with the requirements for service of process on individuals who are not governmental officials. The Office of the General Counsel is authorized but not required to accept process to be served on Departmental officials in their individual capacities if the suit relates to an employee's official duties. The Department will not provide a receipt or other acknowledgement of process received, except for a return receipt associated with certified mail and, where required, the acknowledgement specified by Rule 4(c)(2)(C) of the Federal Rules of Civil Procedure. The regulations in this part are intended solely to identify Department officials who are authorized to accept service of process. Litigants must comply with all requirements pertaining to service of process that are established by statute and court rule even though they are not repeated in these regulations. Notwithstanding the provisions of §§4.1, 4.2, and 4.3, service of the Secretary's copies of petitions for compensation under the VICP and of related filings, by mail, shall be served upon the Director, Division of Vaccine Injury Compensation, Office of Special Programs, Health Resources and Services Administration 5600 Fishers Lane, Parklawn Building, Room 16C–17, Rockville, Maryland 20857, or in person, shall be served upon the Director, Division of Vaccine Injury Compensation, Office of Special Programs, Health Resources and Services Administration, 4350 East West Highway, 10th Floor, Bethesda, Maryland 20814. [67 FR 78990, Dec. 27, 2002]
Title 45: Public Welfare
PART 4—SERVICE OF PROCESS
Section Contents
§ 4.1 Suits against the Department and its employees in their official capacities.
§ 4.2 Other process directed to the Department or Secretary.
§ 4.3 Process against Department officials in their individual capacities.
§ 4.4 Acknowledgement of mailed process.
§ 4.5 Effect of regulations.
§ 4.6 Materials related to petitions under the National Vaccine Injury Compensation Program.
§ 4.1 Suits against the Department and its employees in their official capacities.
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§ 4.2 Other process directed to the Department or Secretary.
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§ 4.3 Process against Department officials in their individual capacities.
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§ 4.4 Acknowledgement of mailed process.
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§ 4.5 Effect of regulations.
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§ 4.6 Materials related to petitions under the National Vaccine Injury Compensation Program.
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