§ 2.288 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:

1. (a) Your ability to obtain the testimony or records from another source;
2. (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

3. (c) Our ability to:

   1. (1) Conduct our official business unimpeded;
   2. (2) Maintain impartiality in conducting our business;
   3. (3) Minimize the possibility that we will become involved in issues that are not related to our mission or programs;
   4. (4) Avoid spending public employee's time for private purposes;
   5. (5) Avoid the negative cumulative effect of granting similar requests;
   6. (6) Ensure that privileged or protected matters remain confidential; and
   7. (7) Avoid undue burden on us.