[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR792.49]



[Page 709-710]

 

                       TITLE 12--BANKS AND BANKING

 

            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION

 

PART 792_REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 

AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED 

INFORMATION--Table of Contents

 

    Subpart C_Production of Nonpublic Records and Testimony of NCUA 

                     Employees in Legal Proceedings

 

Sec. 792.49  Definitions.



    Legal proceedings means any matter before any federal, state or 

foreign administrative or judicial authority, including courts, 

agencies, commissions, boards or other tribunals, involving such 

proceedings as lawsuits, licensing matters, hearings, trials, discovery, 

investigations, mediation or arbitration. When the NCUA is a party to a 

legal proceeding, it will be subject to the applicable rules of civil 

procedure governing production of documents and witnesses, however, this 

subpart will still apply to the testimony of former NCUA employees.

    NCUA employee means current and former officials, members of the 

Board, officers, directors, employees and agents of the National Credit 

Union Administration, including contract employees and consultants and 

their employees. This definition does not include persons who are no 

longer employed by the NCUA and are retained or hired as expert 

witnesses or agree to testify about general matters, matters available 

to the public, or matters with which they had no specific involvement or 

responsibility during their employment.

    Nonpublic records means any NCUA records that are exempt from 

disclosure under Sec. 792.11, the NCUA regulations implementing the 

provisions of the Freedom of Information Act. For example, this means 

records created in connection with NCUA's examination and supervision of 

insured credit unions, including examination reports, internal 

memoranda, and correspondence, and, also, records created in connection 

with NCUA's enforcement and investigatory responsibilities.

    Subpoena means any order, subpoena for records or other tangible 

things or for testimony, summons, notice or legal process issued in a 

legal proceeding.

    Testimony means any written or oral statements made by an individual 

in connection with a legal proceeding including personal appearances in 

court or at depositions, interviews in person or by telephone, responses 

to written



[[Page 710]]



interrogatories or other written statements such as reports, 

declarations, affidavits, or certifications or any response involving 

more than the delivery of records.



[62 FR 56054, Oct. 29, 1997, as amended at 65 FR 63789, Oct. 25, 2000]