24 C.F.R. Subpart C—Production in Response to Subpoenas or Demands of Courts or Other Authorities
Title 24 - Housing and Urban Development
Source: 66 FR 6973, Jan. 22, 2001, unless otherwise noted.
(a) This subpart contains the regulations of the Department concerning procedures to be followed when a subpoena, order, or other demand (hereinafter referred to in this subpart as a demand) of a court or other authority is issued for the production or disclosure of: (a) Any material contained in the files of the Department, (b) any information relating to material contained in the files of the Department, or (c) any information or material acquired by any person while such person was an employee of the Department as a part of the performance of his or her official duties or because of his or her official status. For purposes of this subpart, the term employee of the Department includes current and former officers and employees of the United States appointed by or subject to the supervision of the Secretary, but does not include officers and employees covered by part 2004 of this title. Also for purposes of this subpart, files of the Department do not include files of the Office of Inspector General covered by part 2004 of this title. (b) The term “legal proceeding” has the meaning given in §15.301(b). [49 FR 11160, Mar. 26, 1984, as amended at 60 FR 58456, Nov. 27, 1995; 66 FR 6973, Jan. 22, 2001] (a) Any demand of a court or other authority or any request to an employee of the Department to produce any material contained in the files of the Department, or to disclose any information relating to material contained in the files of the Department, or to disclose any information or produce any material acquired as a part of the performance of the employee's official duties or because of the employee's official status for use in a legal proceeding, shall state with particularity the material sought to be obtained or the information sought to be disclosed. (b) No employee of the Department shall comply with any such demand or request without the prior approval of the Secretary. (c) In determining whether to grant approval for an employee of the Department to testify in a legal proceeding, the Secretary shall follow the standards set forth in subpart I. (d) Where the demand or request seeks only the production of documents, the Department's procedure for authenticating documents by a keeper of the records shall be the Department's method for response. That authentication shall be evidence that the documents are true copies of documents in the Department's files. [52 FR 12160, Apr. 15, 1987] (a) Whenever a demand is made upon an employee of the Department for the production of material or the disclosure of information described in §15.201, the employee shall immediately notify the Secretary and either the General Counsel or the appropriate Regional Counsel. The appropriate Regional Counsel shall mean the Regional Counsel for the Regional Office having delegated authority over the project or activity with respect to which the information is sought. If possible, the Secretary shall be notified before the employee concerned replies to or appears before the court or other authority. (b) If response to the demand is required before the instructions from the Secretary are received, the U.S. Attorney or such other attorney as may be designated for the purpose, will appear with the employee of the Department upon whom the demand has been made, and will furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been or is being, as the case may be, referred for prompt consideration of the Secretary. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested instructions from the Secretary. [52 FR 12160, Apr. 15, 1987, as amended at 66 FR 6973, Jan. 22, 2001] If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with §15.203(b) pending receipt of instructions from the Secretary, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Secretary not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply with the demand (United States ex rel. Toughy v. Ragen, 340 U.S. 462). [52 FR 12161, Apr. 15, 1987, as amended at 66 FR 6973, Jan. 22, 2001]
Title 24: Housing and Urban Development
PART 15—PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES
Subpart C—Production in Response to Subpoenas or Demands of Courts or Other Authorities
§ 15.201 Purpose and scope.
§ 15.202 Production or disclosure prohibited unless approved by the Secretary.
§ 15.203 Procedure in the event of a demand for production or disclosure.
§ 15.204 Procedure in the event of an adverse ruling.
