# 5 CFR § 1216.102: Applicability

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.102

## Section

- **Citation:** 5 CFR § 1216.102
- **Heading:** Applicability
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER II—MERIT SYSTEMS PROTECTION BOARD > SUBCHAPTER A—ORGANIZATION AND PROCEDURES > PART 1216—TESTIMONY BY MSPB EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS > Subpart A—General Provisions

## Text

This part applies to demands and requests to current and former employees, advisors, and consultants for factual or expert testimony relating to official information or official duties or for production of official records or information, in legal proceedings in which the MSPB is not a named party. This part does not apply to:
(a) Demands upon or requests for an MSPB employee to testify as to facts or events that are unrelated to his or her official duties or that are unrelated to the functions of the MSPB;
(b) Demands upon or requests for a former MSPB employee to testify as to matters in which the former employee was not directly or materially involved while at the MSPB;
(c) Requests for the release of records under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a; or
(d) Congressional demands and requests for testimony, records or information.

## Nearby sections

- [5 CFR § 1216.101 § 1216.101 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.101.md)
- [5 CFR § 1216.102 § 1216.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.102.md)
- [5 CFR § 1216.103 § 1216.103 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.103.md)
- [5 CFR § 1216.201 § 1216.201 General prohibition.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.201.md)
- [5 CFR § 1216.202 § 1216.202 Factors the MSPB will consider.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.202.md)
- [5 CFR § 1216.203 § 1216.203 Filing requirements for litigants seeking documents or testimony.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.203.md)
- [5 CFR § 1216.204 § 1216.204 Service of requests or demands.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.204.md)
- [5 CFR § 1216.205 § 1216.205 Processing requests or demands.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.205.md)
- [5 CFR § 1216.206 § 1216.206 Final determination.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.206.md)
- [5 CFR § 1216.207 § 1216.207 Restrictions that apply to testimony.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.207.md)
- [5 CFR § 1216.208 § 1216.208 Restrictions that apply to released records.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.208.md)
- [5 CFR § 1216.209 § 1216.209 Procedure when a decision is not made prior to the time a response is required.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.209.md)
- [5 CFR § 1216.210 § 1216.210 Procedure in the event of an adverse ruling.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.210.md)
- [5 CFR § 1216.301 § 1216.301 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.301.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.102. Check the current official text before relying on it. Not legal advice.