5 C.F.R. § 1810.2

Access to agency information in investigations

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(a) Pursuant to 5 U.S.C. 1212(b)(5), OSC is authorized to have timely access to all agency records, data, reports, audits, reviews, documents, papers, recommendations, information, or other material that relate to an OSC investigation, review, or inquiry.

(b) A claim of common law privilege, such as the attorney-client privilege, may not be used by any agency, or officer or employee of any agency, to withhold information from OSC. By providing such information to OSC, an agency will not be deemed to have waived the common law privilege against a non-Federal entity or against any individual in any other proceeding.

(c) In the event of contumacy or failure of an agency to comply with any request under this section, the Special Counsel shall submit a report to the committees of Congress with jurisdiction over OSC and the applicable agency.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Zerina Spalding v. Dep't of the Treasury (MSPB 2023).

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Zerina Spalding v. Dep't of the Treasury (MSPB 2023). “§§ 1212 (b)(2)(A)-(B), (b)(5)(A)(i)-(iii); see 5 C.F.R. § 1810.2 (reiterating that OSC is “authorized to have timely access to all agency records [and other materials] that relate to an OSC investigation” and explaining that OSC “shall” report to Congress if an agency refuses to…”

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