[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.85]

[Page 26]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201--PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B--Procedures for Appellate Cases
 
Sec. 1201.85  Enforcing subpoenas.

    (a) If a person who has been served with a Board subpoena fails or 
refuses to comply with its terms, the party seeking compliance may file 
a written motion for enforcement with the judge or make an oral motion 
for enforcement while on the record at a hearing. That party must 
present the document certifying that the subpoena was served and, except 
where the witness was required to appear before the judge, must submit 
an affidavit or sworn statement under 28 U.S.C. 1746 (see appendix IV) 
describing the failure or refusal to obey the subpoena. The Board, in 
accordance with 5 U.S.C. 1204(c), may then ask the appropriate United 
States district court to enforce the subpoena. If the person who has 
failed or refused to comply with a Board subpoena is located in a 
foreign country, the U.S. District Court for the District of Columbia 
will have jurisdiction to enforce compliance, to the extent that a U.S. 
court can assert jurisdiction over an individual in the foreign country.
    (b) Upon application by the Special Counsel, the Board may seek 
court enforcement of a subpoena issued by the Special Counsel in the 
same manner in which it seeks enforcement of Board subpoenas, in 
accordance with 5 U.S.C. 1212(b)(3).

                          Interlocutory Appeals