§ 295.202 Factors OPM will consider

5 CFR 295.202The General Counsel, in his or her sole discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to an appropriate demand or request. Among the relevant factors that the General Counsel may consider in making this decision are whether:

5 CFR 295.202(a)(a) The purposes of this part are met;

5 CFR 295.202(b)(b) Allowing such testimony or production of records would be necessary to prevent a miscarriage of justice;

5 CFR 295.202(c)(c) OPM has an interest in the decision that may be rendered in the legal proceeding;

5 CFR 295.202(d)(d) Allowing such testimony or production of records would assist or hinder OPM in performing its statutory duties or use OPM resources in a way that will interfere with the ability of OPM employees to do their regular work;

5 CFR 295.202(e)(e) Allowing such testimony or production of records would be in the best interest of OPM or the United States;

5 CFR 295.202(f)(f) The records or testimony can be obtained from other sources;

5 CFR 295.202(g)(g) The demand or request 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 or request arose;

5 CFR 295.202(h)(h) Disclosure would violate a statute, Executive order or regulation;

5 CFR 295.202(i)(i) Disclosure would reveal confidential, sensitive, or privileged information, trade secrets or similar, confidential commercial or financial information, otherwise protected information, or would otherwise be inappropriate for release;

5 CFR 295.202(j)(j) Disclosure would impede or interfere with an ongoing law enforcement investigation or proceedings, or compromise constitutional rights;

5 CFR 295.202(k)(k) Disclosure would result in OPM appearing to favor one private litigant over another private litigant;

5 CFR 295.202(l)(l) Disclosure relates to documents that were produced by another agency;

5 CFR 295.202(m)(m) A substantial Government interest is implicated;

5 CFR 295.202(n)(n) The demand or request is within the authority of the party making it;

5 CFR 295.202(o)(o) The demand improperly seeks to compel an OPM employee to serve as an expert witness for a private interest;

5 CFR 295.202(p)(p) The demand improperly seeks to compel an OPM employee to testify as to a matter of law;

5 CFR 295.202(q)(q) The demand or request is sufficiently specific to be answered.