[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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, DEPARTMENT OF HOMELAND 

                                SECURITY

 

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]