[Code of Federal Regulations]

[Title 12, Volume 7]

[Revised as of January 1, 2006]

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

[CITE: 12CFR1102.310]



[Page 266-267]

 

                       TITLE 12--BANKS AND BANKING

 

     CHAPTER XI--FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

 

PART 1102_APPRAISER REGULATION--Table of Contents

 

     Subpart D_Description of Office, Procedures, Public Information

 

Sec. 1102.310  Service of process.



    (a) Service. Any subpoena or other legal process to obtain 

information maintained by the ASC shall be duly issued by a court having 

jurisdiction over the ASC, and served upon the Chairman ASC; 2000 K 

Street, NW., Suite 310; Washington, DC 20006. Where the ASC is named as 

a party, service of process shall be made pursuant to the Federal Rules 

of Civil Procedure upon the Chairman at the above address. The Chairman 

shall immediately forward any subpoena, court order or legal process to 

the General Counsel. If consistent with the terms of the subpoena, court 

order or legal process, the ASC may require the payment of fees, in 

accordance with the fee schedule referred to in Sec. 1102.306(e) prior 

to the release of any records requested pursuant to any subpoena or 

other legal process.

    (b) Notification by person served. If any current or former member, 

officer, employee or agent of the ASC, or any other person who has 

custody of records belonging to the ASC, is served with a subpoena, 

court order, or other process requiring that person's attendance as a 

witness concerning any matter related to official duties, or the 

production of any exempt record of the ASC, such person shall promptly 

advise the Executive Director of such service, the testimony and records 

described in the subpoena, and all relevant facts that may assist the 

Executive Director, in consultation with the ASC General Counsel, in 

determining whether the individual in question should be authorized to 

testify or the records should be produced. Such person also should 

inform the court or tribunal that issued the process and the attorney 

for the party upon whose application the process was issued, if known, 

of the substance of this section.

    (c) Appearance by person served. Absent the written authorization of 

the Executive Director or designee to disclose the requested 

information, any current or former member, officer, employee, or agent 

of the ASC, and any



[[Page 267]]



other person having custody of records of the ASC, who is required to 

respond to a subpoena or other legal process, shall attend at the time 

and place therein specified and respectfully decline to produce any such 

record or give any testimony with respect thereto, basing such refusal 

on this section.



[64 FR 72501, Dec. 28, 1999]



[[Page 269]]