7 C.F.R. § 1.212

What is the Department's policy on providing official information or testimony relating to official information in response to a demand?

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(a) It is the Department's general policy not to allow its employees to provide official information or testimony relating to official information in response to a demand. However, the Department will consider a demand submitted in accordance with this subpart and issue a decision to grant or deny the demand.

(b) No employee may provide official information or testimony relating to official information in response to a demand unless authorized by the Department in accordance with this subpart. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). An employee who fails to comply with this regulation may be subject to disciplinary action up to and including removal.

Responsibilities if Making a Demand

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Elko Cnty. Grand Jury v. Siminoe, 109 F.3d 554 (9th Cir. 1997).

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Elko Cnty. Grand Jury v. Siminoe, 109 F.3d 554 (9th Cir. 1997). · cites it 2× “” 7 C.F.R. § 1.212 . III. The appellant proffers a variety of arguments why the USDA regulations do not apply here.”

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