Authority: 5 U.S.C. 301 and Reorganization Plan No. 6 of 1950, 15 FR
3174, 64 Stat. 1263.
Source: 46 FR 49543, Oct. 6, 1981, unless otherwise noted.
(a) This subpart sets forth the procedures to be followed whenever a
subpoena, order, or other demand (hereinafter referred to as a demand)
of a court or other authority, in connection with a proceeding to which
the U.S. Department of Labor is not a party, is issued for the
production or disclosure of (1) any material contained in the files of
the Department, (2) any information relating to material contained in
the files of the Department, or (3) 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 official duties or because of his
official status.
(b) For purposes of this subpart, the term employee of the
Department includes all officers and employees of the United States
Department of Labor appointed by, or subject to the supervision,
jurisdiction, or control of the Secretary of Labor.
(c)(1) For purposes of this subpart, the term appropriate Deputy
Solicitor of Labor means the Deputy Solicitor of Labor for National
Operations when the person served with a demand is either employed by
the National Office of the Labor Department, or who is a former Labor
Department employee and is served with a demand in Washington, DC. In
all other cases, the term appropriate Deputy Solicitor of Labor means
the Deputy Solicitor of Labor for Regional Operations.
(2) For purposes of this subpart, the term appropriate Office of the
Solicitor means that Office of the Associate Solicitor of Labor (in
Washington, DC) serving as counsel to the program to which the demand
relates, where the person served with a demand is employed by the
National Office of the Labor Department, or who is a former Labor
Department employee and is served with a demand in Washington, DC. In
all other cases, the term appropriate Office of the Solicitor means that
Regional Solicitor's Office or Associate Regional Solicitor's Office
serving the locality in which the employee or former employee is served
with a demand.
(d) This subpart is intended to provide instructions regarding the
internal operations of the Department of Labor, and is not intended, and
does not, and may not, be relied upon to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
Department of Labor.
