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 Office 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 Office of Administration; (b) Any information relating to materials contained in the files of the Office; or (c) Any information or material acquired by any person while such person as an employee of the Office of Administration as a part of the performance of his official duties or because of his official status. No employee or former employee of the Office of Administration shall, in response to a demand of a court or other authority, produce any material contained in the files of the Office of Administration or disclose any information or produce any material acquired as part of the performance of his official status without the prior approval of the Deputy Director. [45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991] (a) Whenever a demand is made upon an employee or former employee of the Office of Administration for the production of material or the disclosure of information described in §2502.31, he shall immediately notify the Deputy Director. If possible, the Deputy Director 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 Deputy Director are received, an attorney designated for that purpose by the Office of Administration 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 Deputy Director. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested instructions from the Deputy Director. [45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991] If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with §2502.32(b) pending receipt of instructions from the Deputy Director, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Deputy 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)). [45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991]
Title 5: Administrative Personnel
PART 2502—AVAILABILITY OF RECORDS
Subpart B—Production in Response to Subpoenas or Demands of Courts or Other Authorities
§ 2502.30 Purpose and scope.
§ 2502.31 Production prohibited unless approved by the Deputy Director.
§ 2502.32 Procedure in the event of a demand for disclosure.
§ 2502.33 Procedure in the event of an adverse ruling.
