5 C.F.R. Subpart B—Production in Response to Subpoenas or Demands of Courts or Other Authorities
Title 5 - Administrative Personnel
This subpart contains the regulations of the Board concerning procedures to be followed when a subpoena, order, or other demand (hereinafter in this subpart referred to as a “demand”) of a court or other authority is issued for the production or disclosure of: (a) Any material contained in the files of the Board; (b) Any information relating to materials contained in the files of the Board; or (c) Any information or material acquired by an employee of the Board as a part of the performance of his or her official duties or because of his or her official status. No employee or former employee of the Board shall, in response to a demand of a court or other authority, produce any material contained in the files of the Board or disclose any information or produce any material acquired as part of the performance of his or her official status without the prior approval of the Executive Director or his or her designee. (a) Whenever a demand is made upon an employee or former employee of the Board for the production of material or the disclosure of information described in §1631.31, he or she shall immediately notify the Executive Director or his or her designee. If possible, the Executive Director or his or her designee shall be notified before the employee or former employee concerned replies to or appears before the court or other authority. (b) If response to the demand is required before instructions from the Executive Director or his or her designee are received, an attorney designated for that purpose by the Board shall appear with the employee or former employee upon whom the demand has been made and shall furnish the court or other authority with a copy of the regulations contained in this part and inform the court or other authority that the demand has been or is being, as the case may be, referred for prompt consideration by the Executive Director or his or her designee. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested instructions from the Executive Director. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with §1631.32(b) pending receipt of instructions from the Executive Director, or his or her designee, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Executive Director not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand. [United States ex. rel. Touhy v. Ragen, 340 U.S. 462 (1951)].
Title 5: Administrative Personnel
PART 1631—AVAILABILITY OF RECORDS
Subpart B—Production in Response to Subpoenas or Demands of Courts or Other Authorities
§ 1631.30 Purpose and scope.
§ 1631.31 Production prohibited unless approved by the Executive Director.
§ 1631.32 Procedure in the event of a demand for disclosure.
§ 1631.33 Procedure in the event of an adverse ruling.
