cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
18 rows where agency = "DOC" and part_number = 15 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 15:15:1.1.1.1.20.1.1.1 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | A | Subpart A—Service of Process | § 15.1 Scope and purpose. | DOC | [53 FR 41318, Oct. 21, 1988. Redesignated and amended at 62 FR 19669, 19670, Apr. 23, 1997] | (a) This subpart sets forth the procedures to be followed when a summons or complaint is served on the Department, a component, or the Secretary or a Department employee in his or her official capacity. (b) This subpart is intended to ensure the orderly execution of the affairs of the Department and not to impede any legal proceeding. (c) This subpart does not apply to subpoenas. The procedures to be followed with respect to subpoenas are set out in subpart B. (d) This subpart does not apply to service of process made on a Department employee personally on matters not related to official business of the Department or to the official responsibilities of the Department employee. | |||||
| 15:15:1.1.1.1.20.1.1.2 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | A | Subpart A—Service of Process | § 15.2 Definitions. | DOC | For the purpose of this subpart: (a) General Counsel means the General Counsel of the United States Department of Commerce or other Department employee to whom the General Counsel has delegated authority to act under this subpart, or the chief legal officer (or designee) of the Department of Commerce component concerned. (b) Component means Office of the Secretary or an operating unit of the Department as defined in Department Organization Order 1-1. (c) Department means the Department of Commerce. (d) Department employee means any officer or employee of the Department, including commissioned officers of the National Oceanic and Atmospheric Administration. (e) Legal proceeding means a proceeding before a tribunal constituted by law, including a court, an administrative body or commission, or an administrative law judge or hearing officer. (f) Official business means the authorized business of the Department. (g) Secretary means Secretary of Commerce. | ||||||
| 15:15:1.1.1.1.20.1.1.3 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | A | Subpart A—Service of Process | § 15.3 Acceptance of service of process. | DOC | (a) Except as otherwise provided in this subpart, any summons or complaint to be served in person or by registered or certified mail or as otherwise authorized by law on the Department, a component or the Secretary or a Department employee in their official capacity, shall be served on the General Counsel of the United States Department of Commerce, Washington, DC 20230. (b) Any summons or complaint to be served in person or by registered or certified mail or as otherwise authorized by law on the Patent and Trademark Office or the Commissioner of Patents and Trademarks or an employee of the Patent and Trademark Office in his or her official capacity, shall be served on the Solicitor for the Patent and Trademark Office or a Department employee designated by the Solicitor. (c) Except as otherwise provided in this subpart, any component or Department employee served with a summons or complaint shall immediately notify and deliver the summons or complaint to the office of the General Counsel. Any employee of the Patent and Trademark Office served with a summons or complaint shall immediately notify and deliver the summons or complaint to the office of the Solicitor. (d) Any Department employee receiving a summons or complaint shall note on the summons or complaint the date, hour, and place of service and whether service was by personal delivery or by mail. (e) When a legal proceeding is brought to hold a Department employee personally liable in connection with an action taken in the conduct of official business, rather than liable in an official capacity, the Department employee by law is to be served personally with process. Service of process in this case is inadequate when made upon the General Counsel or the Solicitor or their designees. Except as otherwise provided in this subpart, a Department employee sued personally for an action taken in the conduct of official business shall immediately notify and deliver a copy of the summons or complaint to the office of the General Counsel. Any employee of the Patent… | ||||||
| 15:15:1.1.1.1.20.2.1.1 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.11 Scope. | DOC | [87 FR 162, Jan. 4, 2022] | (a) This subpart sets forth the policies and procedures to be followed with respect to the production or disclosure of the testimony of employees and former employees of the Department of Commerce as witnesses in legal proceedings and the production or disclosure of information contained in Department of Commerce documents, or any information acquired by any person while such person was an employee of the Department of Commerce, for use in legal proceedings pursuant to a request, order, or subpoena (collectively referred to in this subpart as a “demand”). No Department employee or former employee shall comply with such a demand without the prior authorization of the General Counsel or appropriate agency counsel, in accordance with this subpart. (b) This subpart does not apply to any legal proceeding in which an employee is to testify while on leave status, regarding facts or events unrelated to the official business of the Department or the duties of the employee. (c) This subpart does not apply to any legal proceeding in which the Department is a party or to subpoenas for testimony or documents received from Congress, a Federal agency Inspector General, or a Special Prosecutor. (d) This subpart does not apply to any demand for testimony of employees and former employees of the United States Patent and Trademark Office (USPTO) or to demands for the production of USPTO documents. The process for any demand for testimony of an employee or for the production of documents of the USPTO can be found at 37 CFR 104.21 through 104.24, and any such demands must be sent directly to the USPTO. (e) This subpart in no way affects the rights and procedures governing public access to records pursuant to the Freedom of Information Act, the Privacy Act, or the Trade Secrets Act or other Federal law restricting the disclosure of information. Moreover, demands in legal proceedings for the production of records, or for the testimony of Department employees regarding information protected by the Privacy Act, 5 U.S.C. 552a, the Tra… | |||||
| 15:15:1.1.1.1.20.2.1.2 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.12 Definitions. | DOC | [87 FR 162, Jan. 4, 2022] | For the purpose of this subpart: (a) Agency counsel means the Chief Counsel/s or General Counsel/s (or that official's designee) of a bureau or operating unit within the U.S. Department of Commerce who is the senior legal officer responsible for overseeing legal advice and guidance provided to a particular bureau or operating unit. (b) Component means Office of the Secretary or a bureau or operating unit of the Department as defined in Department Organization Order 1-1. (c) Counsel to the Inspector General means Counsel to the Inspector General of the U.S. Department of Commerce. (d) Demand means a request, order, or subpoena for testimony or documents for use in any legal proceeding, regardless of whether the United States is a party to the proceeding. (e) Department means the United States Department of Commerce and any of its components, bureaus, or operating units. (f) Document or information means any record, regardless of format, medium or physical characteristic, document, electronically stored information, paper and other property of the Department, including without limitation, official letters, telegrams, memoranda, reports, studies, writings, emails, calendar and diary entries, text or chat messages, maps, graphs, pamphlets, notes, charts, tabulations, analyses, statistical or informational accumulations, any kind of summaries of meetings and conversations, film impressions, magnetic tapes or sound or mechanical reproductions. Nothing in this paragraph (f) shall be interpreted as requiring the creation of a new document to respond to any demand. (g) Employee means any current or former employees or officers of the U.S. Department of Commerce, including any commissioned officer of the National Oceanic and Atmospheric Administration or any other individual who has been appointed by, or is subject to the supervision, jurisdiction, or control of the U.S. Department of Commerce, including contract employees. Contractors may be included. (h) General Counsel means the General Counsel… | |||||
| 15:15:1.1.1.1.20.2.1.3 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.13 Demand for testimony or production of documents: Department procedures. | DOC | [87 FR 162, Jan. 4, 2022] | (a) General. No employee, in response to a demand, shall produce any documents or information of the Department, or provide testimony regarding any information relating to, or based upon Department documents, or disclose any information or produce documents acquired or generated as part of the performance of that employee's official duties or because of that employee's official status without the prior authorization of the General Counsel or appropriate agency counsel. (b) Notifications. (1) A demand for the testimony of an employee or for the production of documents of the Department shall be made in writing and addressed to the Assistant General Counsel for Employment, Litigation, and Information, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 5896, Washington, DC 20230; or by email to: Touhy@doc.gov; or to appropriate agency counsel. (2) The process for any demand for testimony of an employee or for the production of documents of the USPTO can be found at 37 CFR 104.21 through 104.24, and any such demands should be sent directly to the USPTO, in accordance with § 15.11(d). (c) Employee procedure. Whenever a Department employee receives an inquiry or demand for testimony or production of documents, that employee shall not respond, and shall immediately notify the Office of the Assistant General Counsel for Employment, Litigation, and Information as provided in paragraph (b)(1) of this section, or appropriate agency counsel, and provide a copy of the demand. An employee may not answer inquiries from a person not employed by the Department regarding testimony or documents subject to a demand or a potential demand under the provisions of this subpart without the approval of the General Counsel or appropriate agency counsel. (d) Subpoenas. A subpoena for testimony or production of documents by a Department employee must be served in person, at the office or home, or by mail in accordance with the Federal Rules of Civil or Criminal Procedure or applicable state procedure. Service solely… | |||||
| 15:15:1.1.1.1.20.2.1.4 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.14 Demand for testimony or production of documents in matters in which the United States is not a party. | DOC | [87 FR 162, Jan. 4, 2022] | (a) General. Every demand for testimony or documents in a legal matter in which the United States is not a named party shall be made in writing, delivered in accordance with § 15.13(b) no later than 30 days before the document or testimony is required, and shall be accompanied by an affidavit or written declaration under 28 U.S.C. 1746, or, if an affidavit or declaration is not feasible, a written statement setting forth: (1) The title of the legal proceeding, (2) The forum; (3) The requesting party's interest in the legal proceeding; (4) The reason for the demand and the relevance of the request to the legal proceeding; (5) A showing that the desired testimony or document is not reasonably available from any other source; and (6) If testimony is requested, the intended use of the testimony; a general summary of the desired testimony; the time that will be required to prepare for, travel to, and present testimony; and a showing that no document could be provided and used in lieu of testimony, including from opposing parties via discovery proceedings. (b) Purpose. The purpose of the requirement in this section is to assist the General Counsel or appropriate agency counsel in making an informed decision regarding whether testimony or the production of a document(s) should be authorized, in accordance with § 15.16. Any authorization for testimony by an employee of the Department shall be limited to the scope of the demand as summarized in the statement or as negotiated in paragraph (e) of this section. (c) Prior authorization. A certified copy of a document that has been authorized pursuant to § 15.16(a) for use in a legal proceeding may be provided upon written request and payment of applicable fees. Written requests for certification must be addressed to the agency counsel for the component having possession, custody, or control of the document. The requestor must provide the agency with information regarding the prior authorization for release of the requested document pursuant to § 15.16(a), includ… | |||||
| 15:15:1.1.1.1.20.2.1.5 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.15 Demand for testimony or production of documents in matters in which the United States is a party. | DOC | [87 FR 162, Jan. 4, 2022] | If a demand is received pertaining to a legal matter in which the United States but not the Department is a named party, or where a party other than the Department is represented by the Department of Justice, the following rules apply. (a) Demand not from the United States. For demands for documents from, or testimony of an employee of the Department, from an entity other than the United States pursuant to a legal proceeding in which the United States is a party, the demand must be in writing and signed, delivered in accordance with § 15.13(b), setting forth the information required in § 15.14(a), and copied to the attorneys of record representing or acting under the authority of the United States in the legal proceeding. Upon receipt of the demand, the General Counsel or appropriate agency counsel shall promptly contact the appropriate Department of Justice office to coordinate any response in accordance with applicable Federal or state rules of civil procedure governing discovery matters. (b) Demand from the United States. When a demand for documents from, testimony of, or consultation with an employee of the Department comes from an attorney representing or acting under the authority of the United States concerning a legal proceeding in which the United States is a party, every such demand should be accompanied by a statement setting forth the legal proceeding, the forum, the United States' interest in the legal proceeding, and the relevance and use of the requested documents or testimony. The purpose of the requirement in this paragraph (b) is to assist the General Counsel or the appropriate agency counsel in making all necessary arrangements to facilitate the demand on behalf of the United States. Where appropriate, the General Counsel or appropriate agency counsel may require reimbursement to the Department of the expenses associated with a Department employee giving testimony or providing consultation on behalf of the United States. (c) Expert or opinion witness. In a legal proceeding in which the… | |||||
| 15:15:1.1.1.1.20.2.1.6 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.16 Demand for testimony or production of documents: Department policy and considerations. | DOC | [87 FR 162, Jan. 4, 2022] | (a) Decision. In deciding whether to authorize a demand for testimony or documents under this subpart, the General Counsel or appropriate agency counsel shall consider whether the disclosure or testimony is in the interests of the Department. The following factors should be considered: (1) Conserving the time of Department employees for conducting official business; (2) Minimizing the possibility of involving the Department in controversial issues that are not related to the Department's mission or matters that do not further the Department's mission; (3) Preventing the possibility that the public will misconstrue variances between personal opinions of Department employees and official Department policy; (4) Avoiding spending the time and money of the United States for private purposes; (5) Preserving the integrity of the administrative or judicial process; (6) Protecting classified, confidential, or controlled unclassified information, and the deliberative process of the Department; (7) Preventing the appearance of improperly favoring one litigant over another; (8) Avoiding the denial of a party's constitutional or statutory rights; (9) Whether such disclosure is appropriate under the rules of procedure governing the case or matter in which the demand arose; (10) Whether disclosure is appropriate under the relevant substantive law concerning privilege; and (11) Any other issue that is relevant to the decision. (b) Non-disclosure factors. Demands for testimony or documents in response to which disclosure will not be made by any Department official include, but are not limited to, those demands with respect to which any of the following factors exist: (1) Disclosure is restricted by statute or regulation, or would violate a rule of procedure, Executive order, policy, or an applicable Government directive; (2) Disclosure would reveal classified or controlled unclassified information, unless appropriately declassified or decontrolled by the originating agency; (3) Disclosure would reveal a confide… | |||||
| 15:15:1.1.1.1.20.2.1.7 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.17 Subpoenas and demands served upon employees or former employees of the Office of the Inspector General. | DOC | [87 FR 162, Jan. 4, 2022] | Notwithstanding the requirements set forth in §§ 15.11 through 15.16, this subpart is applicable to demands served on employees or former employees of the Office of the Inspector General (OIG), except that wherever in §§ 15.11 through 15.16 there appear the phrases General Counsel, agency counsel, or Assistant General Counsel for Employment, Litigation, and Information, there shall be substituted in lieu thereof the Inspector General or Counsel to the Inspector General. In addition, the appropriate address for notifications specified in § 15.13(b) pertaining to employees and former employees covered under this section is Office of the Inspector General, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 7896, Washington, DC 20230. | |||||
| 15:15:1.1.1.1.20.2.1.8 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | B | Subpart B—Testimony by Employees and the Production of Documents in Legal Proceedings | § 15.18 Testimony of Department employees in proceedings involving the United States. | DOC | The following applies in legal proceedings in which the United States is a party: (a) A Department employee may not testify as an expert or opinion witness for any other party other than the United States. (b) Whenever, in any legal proceeding involving the United States, a request is made by an attorney representing or acting under the authority of the United States, the General Counsel, or the Solicitor, or appropriate agency counsel will make all necessary arrangements for the Department employee to give testimony on behalf of the United States. Where appropriate, the General Counsel, or the Solicitor, or appropriate agency counsel may require reimbursement to the Department of the expenses associated with a Department employee giving testimony on behalf of the United States. | ||||||
| 15:15:1.1.1.1.20.3.1.1 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | C | Subpart C—Involuntary Child and Spousal Support Allotments of NOAA Corps Officers | § 15.21 Purpose. | DOC | This subpart provides implementing policies governing involuntary child or child and spousal support allotments for officers of the uniformed service of the National Oceanic and Atmospheric Administration (NOAA), and prescribes applicable procedures. | ||||||
| 15:15:1.1.1.1.20.3.1.2 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | C | Subpart C—Involuntary Child and Spousal Support Allotments of NOAA Corps Officers | § 15.22 Applicability and scope. | DOC | This subpart applies to Commissioned Officers of the NOAA Corps on active duty. | ||||||
| 15:15:1.1.1.1.20.3.1.3 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | C | Subpart C—Involuntary Child and Spousal Support Allotments of NOAA Corps Officers | § 15.23 Definitions. | DOC | (a) Active duty. Full-time duty in the NOAA Corps. (b) Authorized person. Any agent or attorney of any state having in effect a plan approved under part D of title IV of the Social Security Act (42 U.S.C. 651-664), who has the duty or authority to seek recovery of any amounts owed as child or child and spousal support (including, when authorized under the state plan, any official of a political subdivision); and the court that has authority to issue an order against a member for the support and maintenance of a child or any agent of such court. (c) Child support. Periodic payments for the support and maintenance of a child or children, subject to and in accordance with state or local law. This includes but is not limited to, payments to provide for health, education, recreation, and clothing or to meet other specific needs of such a child or children. (d) Designated official. The official who is designated to receive notices of failure to make payments from an authorized person (as defined in paragraph (b) of this section). For the Department of Commerce this official is the Assistant General Counsel for Administration. (e) Notice. A court order, letter, or similar documentation issued by an authorized person providing notification that a member has failed to make periodic support payments under a support order. (f) Spousal support. Periodic payments for the support and maintenance of a spouse or former spouse, in accordance with state and local law. It includes, but is not limited to, separate maintenance, alimony while litigation continues, and maintenance. Spousal support does not include any payment for transfer of property or its value by an individual to his or her spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other division of property between spouses or former spouses. (g) Support order. Any order for the support of any person issued by a court of competent jurisdiction or by administrative procedures established un… | ||||||
| 15:15:1.1.1.1.20.3.1.4 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | C | Subpart C—Involuntary Child and Spousal Support Allotments of NOAA Corps Officers | § 15.24 Policy. | DOC | [53 FR 15548, May 2, 1988. Redesignated and amended at 62 FR 19669, 19670, Apr. 23, 1997] | (a) It is the policy of the Department of Commerce to require Commissioned Officers of the NOAA Corps on active duty to make involuntary allotments from pay and allowances as payment of child, or child and spousal, support payments when the officer has failed to make periodic payments under a support order in a total amount equal to the support payable for two months or longer. Failure to make such payments shall be established by notice from an authorized person to the designated official. Such notice shall specify the name and address of the person to whom the allotment is payable. The amount of the allotment shall be the amount necessary to comply with the support order. If requested, the allotment may include arrearages as well as amounts for current support, except that the amount of the allotment, together with any other amounts withheld for support from the officer as a percentage of pay, shall not exceed the limits prescribed in section 303 (b) and (c) of the Consumer Credit Protection Act (15 U.S.C. 1673). An allotment under this subpart shall be adjusted or discontinued upon notice from an authorized person. (b) Notwithstanding the above, no action shall be taken to require an allotment from the pay and allowances of any officer until such officer has had a consultation with an attorney from the Office of the Assistant General Counsel for Administration, in person, to discuss the legal and other factors involved with respect to the officer's support obligation and his/her failure to make payments. Where it has not been possible, despite continuing good faith efforts to arrange such a consultation, the allotment shall start the first pay period beginning after 30 days have elapsed since the notice required in paragraph (d)(1) of § 15.25 is given to the affected officer. | |||||
| 15:15:1.1.1.1.20.3.1.5 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | C | Subpart C—Involuntary Child and Spousal Support Allotments of NOAA Corps Officers | § 15.25 Procedures. | DOC | (a) Service of notice. (1) An authorized person shall send to the designated official a signed notice that includes: (i) A statement that delinquent support payments equal or exceed the amount of support payable for 2 months under a support order, and a request that an allotment be initiated pursuant to 42 U.S.C. 665. (ii) A certified copy of the support order. (iii) The amount of the monthly support payment. Such amount may include arrearages, if a support order specifies the payment of such arrearages. The notice shall indicate how much of the amount payable shall be applied toward liquidation of the arrearages. (iv) Sufficient information identifying the officer to enable processing by the designated official. The following information is requested: (A) Full name; (B) Social Security Number; (C) Date of birth; and (D) Duty station location. (v) The full name and address of the allottee. The allottee shall be an authorized person, the authorized person's designee, or the recipient named in the support order. (vi) Any limitations on the duration of the support allotment. (vii) A certificate that the official sending the notice is an authorized person. (viii) A statement that delinquent support payments are more than 12 weeks in arrears, if appropriate. (2) The notice shall be accomplished by certified or registered mail, return receipt requested, or by personal service, upon the appropriate designated official, who shall note the date and time of receipt on the notice. (3) The notice is effective when it is received in the office of the designated official. (4) When the information submitted is not sufficient to identify the officer, the notice shall be returned directly to the authorized person with an explanation of the deficiency. However, prior to returning the notice if there is sufficient time, an attempt should be made to inform the authorized person who caused the notice to be served, that it will not be honored unless adequate information is supplied. (5) Upon receipt of effective noti… | ||||||
| 15:15:1.1.1.1.20.4.1.1 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | D | Subpart D—Statement of Policy and Procedures Regarding Indemnification of Department of Commerce Employees | § 15.31 Policy. | DOC | (a) The Department of Commerce may indemnify a present or former Department employee who is personally named as a defendant in any civil suit in state or federal court, or other legal proceeding seeking damages against a present or former Department employee personally, for any verdict, judgment or other monetary award which is rendered against such employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his/her employment and that such indemnification is in the interest of the Department as determined by the Secretary or his/her designee. (b) The Department may settle or compromise a personal damage claim against a present or former employee by the payment of available funds at any time provided the alleged conduct giving rise to the personal property claim was taken within the employee's scope of employment and such settlement is in the interest of the Department as determined by the Secretary or his/her designee. (c) Absent exceptional circumstances, as determined by the Secretary or his/her designee, the Department will not consider a request either to indemnify or to settle a personal damage claim before entry of an adverse verdict, judgment or award. (d) Any payment under this section either to indemnify a present or former Department employee or to settle a personal damage claim shall be contingent upon the availability of appropriated funds of the Department of Commerce. | ||||||
| 15:15:1.1.1.1.20.4.1.2 | 15 | Commerce and Foreign Trade | 15 | PART 15—LEGAL PROCEEDINGS | D | Subpart D—Statement of Policy and Procedures Regarding Indemnification of Department of Commerce Employees | § 15.32 Procedures for the handling of lawsuits against Department employees arising within the scope of their office or employment. | DOC | The following procedures shall be followed in the event that a civil action or proceeding is brought, in any court, against a present or former employee of the Department (or against his/her estate) for personal injury, loss of property or death, resulting from the Department employee's activities while acting within the scope of his/her office or employment: (a) After being served with process or pleadings in such an action or proceeding, the employee (or the executor(rix) or administrator(rix)) of the estate shall within five (5) calendar days of receipt, deliver all such process and pleadings or an attested true copy thereof, together with a fully detailed report of the circumstances of the incident giving rise to the court action or proceeding to the General Counsel. Where appropriate, the General Counsel, or his/her designee, may request that the Department of Justice provide legal representation for the present or former Department employee. (b)(1) Only if a present or former employee of the Department has satisfied the requirements of paragraph (a) of this section in a timely fashion, may the employee subsequently request indemnification to satisfy a verdict, judgment, or award entered against that employee. (2) No request for indemnification will be considered unless the employee has submitted a written request, with appropriate documentation, including copies of the verdict, judgment, appeal bond, award, or settlement proposal through the employee's supervisory chain to the head of the employee's component. The written request will include an explanation by the employee of how the employee was working within the scope of employment and whether the employee has insurance or any other source of indemnification. (3) The head of the component or his/her designee will forward the employee's request with a recommendation to the General Counsel for review. The request for indemnification shall include a detailed analysis of the basis for the recommendation. The head of the component will also certify to the… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);