[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR265.11]

[Page 125]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 265--RELEASE OF INFORMATION--Table of Contents
 
Sec. 265.11  Compliance with subpoena duces tecum, court orders, and summonses.

    (a) Compliance with subpoena duces tecum. (1) Except as required by 
Part 262, produce other records of the Postal Service only in compliance 
with a subpoena duces tecum or appropriate court order.
    (2) Time, leave, and payroll records of postal employees are subject 
to production when a subpoena duces tecum or appropriate court order has 
been properly served. The custodian of the records may designate a 
postal employee to present the records. The presentation by a designee 
rather than the employee named in the subpoena or court order must meet 
with the approval of the attorneys for each side. In addition, such 
records may be released if authorized in writing by the employee.
    (3) If the subpoena involves a job-connected injury, the records are 
under the exclusive jurisdiction of the Office of Workers' Compensation 
Programs, Department of Labor. Requests for authorization to produce 
these records shall be addressed to: Office of Workers' Compensation 
Programs, U.S. Department of Labor, Washington, DC 20210-0001. Also 
notify the attorney responsible for the issuance of the subpoena or 
court order.
    (4) Employee medical records are primarily under the exclusive 
jurisdiction of the U.S. Civil Service Commission. The Commission has 
delegated authority to the Postal Service and to the Commission's 
Regional Directors to release medical information, in response to proper 
requests and upon competent medical advice, in accordance with the 
following criteria:
    (i) Except in response to a subpoena or court order, do not release 
any medical information about an employee to any non-Federal entity or 
individual without authorization from the employee.
    (ii) With authorization from the employee, the Area, Information 
Systems Service Center, or Chief Field Counsel will respond as follows 
to a request from a non-Federal source for medical information:
    (a) If, in the opinion of a Federal medical officer, the medical 
information indicates the existence of a malignancy, a mental condition, 
or other condition about which a prudent physician would hesitate to 
inform a person suffering from such a condition as to its exact nature 
and probable outcome, do not release the medical information to the 
employee or to any individual designated by him, except to a physician, 
designated by the employee in writing. If a subpoena or court order was 
issued, the responding official shall caution the moving party as to the 
possible dangers involved if the medical information is divulged.
    (b) If, in the opinion of a Federal medical officer, the medical 
information does not indicate the presence of any condition which would 
cause a prudent physician to hesitate to inform a person of the exact 
nature and probable outcome of his condition, release it in response to 
a subpoena or court order, or to the employee or to any person, firm, or 
organization he authorizes in writing.
    (c) If a Federal medical officer is not available, refer the request 
to the Civil Service Commission regional office with the medical 
certificates or other medical reports concerned.
    (5) Do not release any records containing information as to the 
employee's security or loyalty.
    (6) Honor subpoenas or court orders only when disclosure is 
authorized.
    (7) When authorized to comply with a subpoena duces tecum, do not 
leave the original records with the court.
    (b) [Reserved]

[40 FR 7331, Feb. 19, 1975, as amended at 51 FR 26386, July 23, 1986; 56 
FR 55824, Oct. 30, 1991. Redesignated at 56 FR 56934, Nov. 7, 1991; 60 
FR 36712, July 18, 1995; 60 FR 57345, Nov. 15, 1995]

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