---
kind: "section"
citation: "22 C.F.R. § 172.6"
title: "22"
number: "172.6"
heading: "Procedure when response to demand is required prior to receiving instructions."
url: "https://uscodex.org/cfr/22/172.6"
---

# §172.6. Procedure when response to demand is required prior to receiving instructions.

- (a) If a response to a demand is required before the appropriate Department official designated in [§ 172.4](/cfr/22/172.4.md) renders a decision, the Department will request that either a Department of Justice attorney or a Department attorney designated for the purpose:
  - (1) Appear with the employee upon whom the demand has been made;
  - (2) Furnish the court or other authority with a copy of the regulations contained in this part;
  - (3) Inform the court or other authority that the demand has been, or is being, as the case may be, referred for the prompt consideration of the appropriate Department official; and
  - (4) Respectfully request the court or authority to stay the demand pending receipt of the requested instructions.
- (b) In the event that an immediate demand for production or disclosure is made in circumstances which would preclude the proper designation or appearance of a Department of Justice or Department attorney on the employee's behalf, the employee shall respectfully request the demanding court or authority for a reasonable stay of proceedings for the purpose of obtaining instructions from the Department.

## Notes

### Amendments

[57 FR 32896, July 24, 1992, as amended at 83 FR 17489, Apr. 20, 2018]

### Authority

Authority: 5 U.S.C. 301; 8 U.S.C. 1202(f); 22 U.S.C. 2651a, 2664, 3926.

### Source

Source: 57 FR 32896, July 24, 1992, unless otherwise noted.

### Amendments

[57 FR 32896, July 24, 1992, as amended at 83 FR 17489, Apr. 20, 2018]
