[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR615.6]



[Page 141]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 615_TESTIMONY AND PRODUCTION OF RECORDS--Table of Contents

 

Sec. 615.6  Legal proceedings between private litigants: Procedure when 

demand is made.



    (a) Whenever an employee is served with a demand to testify in his 

or her official capacity, or to produce official records and 

information, the employee shall immediately notify the General Counsel.

    (b) The General Counsel shall review the demand and, in accordance 

with the provisions of Sec. 615.5, determine whether, or on what 

conditions, to authorize the employee to testify and/or produce official 

records and information.

    (c) If a response to a demand is required before the General Counsel 

has made the determination referred to in Sec. 615.6(b), the General 

Counsel shall provide the court or other competent authority with a copy 

of this part, inform the court or other competent authority that the 

demand is being reviewed, and seek a stay of the demand pending a final 

determination. If the court fails to stay the demand, the employee must 

appear at the stated time and place, produce a copy of this part, and 

respectfully decline to comply with the demand. ``United States ex rel 

Touhy v. Ragen,'' 340 US 462 (1951).

    (d) If a court or other competent authority orders that a demand be 

complied with notwithstanding a final decision by the General Counsel to 

the contrary, or at any other stage in the process, the General Counsel 

may take steps to arrange for legal representation for the employee, and 

shall advise the employee on how to respond to the demand.