[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR5.60]

[Page 42]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 5--PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents
 
                      Subpart D--Described Records
 
Sec. 5.60  Disciplinary action against employees for ``arbitrary or capricious'' denial.

    Pursuant to 5 U.S.C. 552(a)(4)(F), whenever the district court, 
described in Sec. 5.59 orders the production of any FEMA records 
improperly withheld from the complainant and assesses against the United 
States reasonable attorney fees and other litigation costs, and the 
court additionally issues a written finding that the circumstances 
surrounding the withholding raise questions whether FEMA personnel acted 
arbitrarily or capriciously with respect to the withholding, the Special 
Counsel in the Merit Systems Protection Board is required to initiate a 
proceeding to determine whether disciplinary action is warranted against 
the officer or employee who primarily was responsible for the 
withholding. The Special Counsel after investigation and consideration 
of the evidence submitted, submits findings and recommendations to the 
Director of FEMA and sends copies of the findings and recommendations to 
the officer or employee or his or her representative. The law requires 
the Director to take any corrective action which the Special Counsel 
recommends.

[44 FR 50287, Aug. 27, 1979, as amended at 45 FR 1422, Jan. 7, 1980. 
Redesignated and amended at 53 FR 2740, Feb. 1, 1988]