[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1201.9]



[Page 10]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1201_PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE TO 

 

Sec.  1201.9  Considerations in determining whether the Corporation will comply with a demand or request.



    (a) In deciding whether to comply with a demand or request, 

Corporation officials and attorneys are encouraged to consider:

    (1) Whether such compliance would be 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;

    (2) Whether compliance is appropriate under the relevant substantive 

law concerning privilege or disclosure of information;

    (3) The public interest;

    (4) The need to conserve the time of Corporation Employees for the 

conduct of official business;

    (5) The need to avoid spending the time and money of the United 

States for private purposes;

    (6) The need to maintain impartiality between private litigants in 

cases where a government interest is not implicated;

    (7) Whether compliance would have an adverse effect on performance 

by the Corporation of its mission and duties; and

    (8) The need to avoid involving the Corporation in controversial 

issues not related to its mission.

    (b) Among those demands and requests in response to which compliance 

may not ordinarily be authorized are those when compliance would:

    (1) Violate a statute, a rule of procedure, a specific regulation, 

or an executive order;

    (2) Reveal information properly classified in the interest of 

national security;

    (3) Reveal confidential commercial or financial information or trade 

secrets without the owner's consent;

    (4) Reveal the internal deliberative processes of the Executive 

Branch; or

    (5) Potentially impede or prejudice an ongoing law enforcement 

investigation.