[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR2004.28]

[Page 102-103]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER XII--OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND 
                            URBAN DEVELOPMENT
 
PART 2004_SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS
 
      Subpart C_Requests for Testimony and Production of Documents
 
Sec.  2004.28  Procedure in the event of an adverse ruling.

    (a) Opportunity to review adverse ruling. Any person aggrieved by a 
decision made by the Counsel under this part denying a request for 
documents or testimony, or restricting the release of documents or 
testimony, may seek review of that decision pursuant to paragraph (c) of 
this section.
    (b) Procedure in the event of conflicting court order. If the 
Inspector General or Counsel declines to approve a demand for records or 
testimony and a court or other authority rules that the demand must be 
complied with irrespective of the instructions from the OIG not to 
produce the material or disclose the information sought, the employee or 
former employee upon whom the demand has been made shall respectfully 
decline to comply with the demand, citing United States ex rel. Touhy v. 
Ragen, 340 U.S. 462 (1951).
    (c) Procedure--(1) Notice of intention to petition for review. A 
party or any person aggrieved by the decision made pursuant to this part 
denying or restricting the release of documents or testimony may seek 
review of the decision by filing a written Notice of Intention to 
Petition for Review (Notice) within five business days of the date of 
this decision. The Notice shall identify the petitioner, the adverse 
decision, and any dates (such as deposition, hearing, or court dates) 
that are significant to the party. The Notice shall be served in 
accordance with Sec.  2004.23.
    (2) Petition for review. Within five business days of the filing of 
a Notice, the person or party seeking review shall file a Petition for 
Review (Petition) containing a clear and concise statement of the issues 
to be reviewed and the reasons why the review is appropriate. The 
petition shall include exceptions to any findings of fact or conclusions 
of law made, together with supporting reasons and arguments for such 
exceptions based on appropriate citations to such record or law as may 
exist. These reasons may be stated in

[[Page 103]]

summary form. Decisions on the Petition may be made by either the 
Inspector General or the Counsel and shall become the final decisions of 
the OIG. The Petition will be served in accordance with Sec.  2004.23.
    (d) Prerequisite to judicial review. Pursuant to Section 704 of the 
Administrative Procedure Act, 5 U.S.C. 704, a petition to the agency for 
review of a decision made under the authority of this part is a 
prerequisite to the seeking of judicial review of the final decision.

[70 FR 36791, June 24, 2005]