36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?
The General Counsel may consider the following factors in determining whether or not to grant an employee permission to testify on matters relating to agency information, or permission to produce records in response to a demand:
(a) NARA's compliance with the demand is required by federal law, regulation or rule, or is otherwise permitted by this part;
(c) Allowing such testimony or production of records would be necessary to prevent a miscarriage of justice;
(e) Allowing such testimony or production of records would assist or hinder NARA in performing its statutory duties;
(f) Allowing such testimony or production of records would involve a substantial use of NARA resources;
(h) Allowing such testimony or production of records would be in the best interest of NARA or the United States;
(i) The records or testimony can be obtained from the publicly available records of NARA or from other sources;
(j) The demand is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand arose;
(l) Disclosure would reveal confidential, sensitive, or privileged information, trade secrets or similar, confidential commercial or financial information, otherwise protected information, or information which would otherwise be inappropriate for release;
(m) Disclosure would impede or interfere with an ongoing law enforcement investigation or proceeding, or compromise constitutional rights;
Title 36 published on 2013-07-01
no entries appear in the Federal Register after this date.