Regulations last checked for updates: May 17, 2024

Title 43 - Public Lands: Interior last revised: May 13, 2024
§ 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:

(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.

authority: 5 U.S.C. 301,552,552a,553,31.S.C. 3717, 43 U.S.C. 1460,1461,the,Pub. L. 115-59, September 15, 2017
source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.
cite as: 43 CFR 2.288