[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1612.5]



[Page 941]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1612_PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS--Table of Contents

 

Sec.  1612.5  Other material.



    (a) Production prohibited unless approved. Except in the case of the 

material referenced in Sec.  1612.3, no employee or former employee of 

the CSB shall, in response to a demand of a private litigant, court, or 

other authority, produce any material contained in the files of the CSB 

(whether or not agency records under 5 U.S.C. 552) or produce any 

material acquired as part of the performance of the person's official 

duties or because of the person's official status, without the prior 

written approval of the General Counsel.

    (b) Procedures to be followed for the production of material under 

this section.

    (1) All demands for material shall be submitted to the General 

Counsel at CSB headquarters, 2175 K Street, NW., Suite 400, Washington, 

DC 20037. If an employee receives a demand, he shall forward it 

immediately to the General Counsel.

    (2) Each demand must contain an affidavit by the party seeking the 

material or his attorney setting forth the material sought and its 

relevance to the proceeding, and containing a certification, with 

support, that the information is not available from other sources, 

including CSB materials described in Sec.  1612.3 and part 1601 of this 

chapter.

    (3) In the absence of General Counsel approval of a demand, the 

employee is not authorized to comply with the demand.

    (4) The General Counsel shall advise the requester of approval or 

denial of the demand, and may attach whatever conditions to approval 

considered appropriate or necessary to promote the purposes of this 

part. The General Counsel may also permit exceptions to any requirement 

in this part when necessary to prevent a miscarriage of justice, or when 

the exception is in the best interests of the CSB and/or the United 

States.



                       PARTS 1613-1619 [RESERVED]