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5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.
48 FR 32538, July 15, 1983, unless otherwise noted.
80 FR 28785, May 19, 2015, unless otherwise noted.
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(a) Examination by notice —
(1) In general. A party may serve upon another party whose mental or physical condition is in controversy a notice to attend and submit to an examination by a suitably licensed or certified examiner.
(2) Contents of the notice. The notice must specify:
(i) The legal basis for the examination;
(ii) The time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it; and
(iii) How the reasonable transportation expenses were calculated.
(3) Service of notice. Unless otherwise agreed by the parties, the notice must be served no fewer than 30 days before the examination date.
(4) Objection. The person to be examined must serve any objection to the notice no later than 14 days after the notice is served. The objection must be stated with particularity.
(b) Examination by motion. Upon objection by the person to be examined the requesting party may file a motion to compel a physical or mental examination. The motion must include the elements required by paragraph (a)(2) of this section.
(c) Examiner's report —
(1) Delivery of the report. The party who initiated the examination must deliver a complete copy of the examination report to the party examined no later than seven days after it receives the report, together with like reports of all earlier examinations of the same condition.
(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests.