43 C.F.R. § 2.288

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

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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

(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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2017–2023 · leading case: Armstrong v. Arcanum Grp., Inc., 250 F. Supp. 3d 802 (D. Colo. 2017).

Sort: Relevance Newest Treatment

Armstrong v. Arcanum Grp., Inc., 250 F. Supp. 3d 802 (D. Colo. 2017). · cites it 2× “BLM alleges that Plaintiff submitted a Touhy request for the testimony of Terry Baker (“Ms, Baker”) in her official capacity as a former employee 1 of BLM, and that after careful review of each of the criteria under 43 C.”

Aero Tech, Inc. v. Great Am. Ins. Co., an Ohio Corp. (D.N.M. 2023). · cites it 2× “at ¶¶ 7–8 (citing, inter alia, 43 C.F.R. § 2.288 ). Despite its “general policy not to allow its employees to testify or to produce [government] records either upon request or by subpoena,” 43 C.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.