[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR265.11]



[Page 112-113]

 

                        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.



[[Page 113]]



    (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]