[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR5.46]

[Page 29]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 5_DISCLOSURE OF RECORDS AND INFORMATION--Table of Contents
 
            Subpart C_Disclosure of Information in Litigation
 
Sec.  5.46  Procedure when response to demand is required prior to 

receiving instructions.

    (a) If a response to a demand is required before the appropriate 
Department official designated in Sec.  5.44 renders a decision, the 
Department, if necessary, will request that the Department of Justice or 
the appropriate Department attorney take appropriate steps to stay, 
postpone, or obtain relief from the demand pending decision. If 
necessary, the attorney will:
    (1) Appear with the employee upon whom the demand has been made;
    (2) Furnish the court or other authority with a copy of the 
regulations contained in this subpart;
    (3) Inform the court or other authority that the demand has been, or 
is being, as the case may be, referred for the prompt consideration of 
the appropriate Department official; and
    (4) Respectfully request the court or authority to stay the demand 
pending receipt of the requested instructions.
    (b) In the event that an immediate demand for production or 
disclosure is made in circumstances which would preclude the proper 
designation or appearance of a Department of Justice or appropriate 
Department attorney on the employee's behalf, the employee, if 
necessary, shall respectfully request from the demanding court or 
authority for a reasonable stay of proceedings for the purpose of 
obtaining instructions from the Department.