Service on the Inspector General or the Office of Inspector General

Service upon the Inspector General in her official capacity or upon the Office of Inspector General is only accomplished by serving the United States (see USAM 4-23.10), and by sending a copy of the summons and of the complaint by registered or certified mail to the Inspector General or the Office of Inspector General. See Fed. R. Civ. P. 4(i)(2); 28 U.S.C. § 1391(e)(2).

The proper address for service is:

Office of Inspector General
Attn: Office of Counsel to the Inspector General
U.S. Department of Health and Human Services
Room 5276, Cohen Building
330 Independence Ave., S.W.
Washington, DC 20201

The suit must be against the Inspector General in her official rather than individual capacity. See Stafford v. Briggs, 444 U.S. 527 (1980); Relf v. Gasch, 511 F.2d 804, 808 n.18 (D.C. Cir. 1975). These provisions are mandatory, Wallach v. Cannon, 357 F.2d 557 (8th Cir. 1966), and, thus, a suit against the Inspector General or the Office of Inspector General cannot be commenced via personal service on the Inspector General or any other employee.

Last updated July 16, 2024