TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER II - MERIT SYSTEMS PROTECTION BOARD

SUBCHAPTER A - ORGANIZATION AND PROCEDURES

PART 1201 - PRACTICES AND PROCEDURES

subpart b - PROCEDURES FOR APPELLATE CASES

1201.33 - Federal witnesses.

  (a) Every Federal agency or corporation must make its employees or personnel available to furnish sworn statements or to appear as witnesses at the hearing when ordered by the judge to do so. When providing those statements or appearing at the hearing, Federal employee witnesses will be in official duty status (i.e., entitled to pay and benefits including travel and per diem, where appropriate).

  (b) A Federal employee who is denied the official time required by paragraph (a) of this section may file a written request that the judge order the employing agency to provide such official time. The judge will act on such a request promptly and, where warranted, will order the agency to comply with the requirements of paragraph (a) of this section.

  (c) An order obtained under paragraph (b) of this section may be enforced as provided under subpart F of this part.

[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 48935, Sept. 18, 1997]