43 C.F.R. § 2.288
What criteria will the Department consider in responding to my Touhy Request?
Cite as 43 C.F.R. § 2.288 (2026)
In deciding whether to grant your Touhy Request, the appropriate Department official will consider: (a) Your ability to obtain the testimony or records from another source; (b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and (c) Our ability to: (1) Conduct our official business unimpeded; (2) Maintain impartiality in conducting our business; (3) Minimize the possibility that we will become involved in issues that are not related to our mission or programs; (4) Avoid spending public employee's time for private purposes; (5) Avoid the negative cumulative effect of granting similar requests; (6) Ensure that privileged or protected matters remain confidential; and (7) Avoid undue burden on us.