[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR230.19]

[Page 38-39]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 230_OFFICE OF INSPECTOR GENERAL--Table of Contents
 
  Subpart B_Rules Governing Compliance With Subpoenas, Summonses, and 
 
Sec.  230.19  What criteria will the authorizing official use to 

determine whether to authorize testimony or production of documents?

    (a) The authorizing official will determine whether testimony or the 
production of documents will be authorized according to the following 
criteria:
    (1) Statutory restrictions, as well as any legal objection, 
exemption, or privilege that may apply;
    (2) Relevant legal standards for disclosure of nonpublic information 
and documents;
    (3) Office of Inspector General rules and regulations;
    (4) The public interest;
    (5) Minimizing or preventing expenditures of Office of Inspector 
General and Postal Service time and resources solely for private 
purposes.
    (6) Minimizing the appearance of improperly favoring one litigant 
over another;
    (7) Minimizing the possibility that the public will misconstrue 
variances between personal opinions of Office of Inspector General 
employees and agency policy; and
    (8) Preserving the integrity of the administrative process.
    (b) Permission to testify or to release documents in all cases will 
be limited to matters outlined in the affidavit or declaration described 
in section 230.24 of this part or to such matters as deemed appropriate 
by the authorizing official. If the authorizing official allows the 
release of documents or testimony to be given by an employee, 
arrangements shall be made for the taking of testimony or receipt of 
documents by the method least disruptive to the employee's official 
duties. Testimony may, for example, be provided by affidavits, answers 
to interrogatories, written depositions, or depositions transcribed, 
recorded, or preserved by any other means allowable by law.

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    (c) Upon issuance of an unfavorable final determination by the 
authorizing official, the party or the party's counsel seeking testimony 
or documents may consult or negotiate with the authorizing official to 
refine and limit the demand.
    (d) The Office of Inspector General will offer all possible 
assistance to the courts, but the question of disclosing information for 
which an exemption may be claimed is a matter of discretion that rests 
with the authorizing official. If in the opinion of the authorizing 
official the documents should not be released or testimony should not be 
furnished, that determination will be final.