§ 2417.202 Factors that the decision-maker will consider.

The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, 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 a request or demand. Among the relevant factors that the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel may consider in making this decision are whether: (a) The purposes of this part are met; (b) Allowing such testimony or production of records would be necessary to prevent a miscarriage of justice; (c) Allowing such testimony or production of records would assist or hinder the FLRA in performing its statutory duties; (d) Allowing such testimony or production of records would be in the best interest of the FLRA; (e) The records or testimony can be obtained from other sources; (f) The request or demand 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 request or demand arose; (g) Disclosure would violate a statute, Executive Order or regulation; (h) Disclosure would reveal confidential, sensitive, or privileged information; trade secrets or similar, confidential or financial information; otherwise protected information; or information that would otherwise be inappropriate for release; (i) Disclosure would impede or interfere with an ongoing law-enforcement investigation or proceeding, or compromise constitutional rights or national-security interests; (j) Disclosure would result in the FLRA appearing to favor one litigant over another; (k) The request was served before the demand; (l) A substantial Government interest is implicated; (m) The request or demand is within the authority of the party making it; (n) The request or demand is sufficiently specific to be answered; and (o) Any other factor deemed relevant under the circumstances of the particular request or demand.