§ 1305.4. Factors to be considered by the General Counsel.
311 words·~1 min read·
/us/cfr/t22/s§ 1305.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In deciding whether to authorize the release of official information or the testimony of employees concerning official information, the General Counsel shall consider the following factors:
(1)Whether the demand is unduly burdensome;
(2)MCC's ability to maintain impartiality in conducting its business;
(3)Whether the time and money of the United States would be used for private purposes;
(4)The extent to which the time of employees for conducting official business would be compromised;
(5)Whether the public might misconstrue variances between personal opinions of employees and MCC policy;
(6)Whether the demand demonstrates that the information requested is relevant and material to the action pending, genuinely necessary to the proceeding, unavailable from other sources, and reasonable in its scope;
(7)Whether the number of similar demands would have a cumulative effect on the expenditure of agency resources;
(8)Whether disclosure otherwise would be inappropriate under the circumstances; and
(9)Any other factor that is appropriate.
(b)Among those demands in response to which compliance will not ordinarily be authorized are those with respect to which any of the following factors exists:
(1)The disclosure would violate a statute, Executive order, or regulation;
(2)The integrity of the administrative and deliberative processes of MCC would be compromised;
(3)The disclosure would not be appropriate under the rules of procedure governing the case or matter in which the demand arose;
(4)The disclosure, including release in camera, is not appropriate or necessary under the relevant substantive law concerning privilege;
(5)The disclosure, except when in camera and necessary to assert a claim of privilege, would reveal information properly classified or other matters exempt from unrestricted disclosure; or
(6)The disclosure would interfere with ongoing enforcement proceedings, compromise constitutional rights, reveal the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly confidential commercial or financial information.