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43 C.F.R. § 2.88   What criteria will the Department consider in responding to my Touhy Request?

Title 43 - Public Lands: Interior

Title 43: Public Lands: Interior
PART 2—RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT
Subpart H—Legal Process: Testimony by Employees and Production of Records
Responsibility of the Department

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§ 2.88   What criteria will the Department consider in responding to my Touhy Request?

In deciding whether to grant your Touhy Request, the appropriate Department official will consider:

(a) Your ability to obtain the testimony or records from another source;

(b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and

(c) Our ability to:

(1) Conduct our official business unimpeded;

(2) Maintain impartiality in conducting our business;

(3) Minimize the possibility that we will become involved in issues that are not related to our mission or programs;

(4) Avoid spending public employee's time for private purposes;

(5) Avoid the negative cumulative effect of granting similar requests;

(6) Ensure that privileged or protected matters remain confidential; and

(7) Avoid undue burden on us.

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