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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
ii Relevant legal standards for disclosure of nonpublic information and documents;
iii Office of Inspector General rules and regulations;
iv The public interest;
v Minimizing or preventing expenditures of Office of Inspector General time and resources solely for private purposes;
vi Minimizing the appearance of improperly favoring one litigant over another;
vii Minimizing the possibility that the public will misconstrue variances between personal opinions of Office of Inspector General employees and agency policy; and viii Preserving the integrity of the administrative process.
2 Where, on the basis of its investigation, the Office of Inspector General has requested or recommended that a State or local prosecuting authority pursue a criminal prosecution or has otherwise approved such a prosecution, that prosecuting authority will be deemed to have made a proper request for information to be used in connection with that prosecution. With respect to other criminal matters pursued in state or local courts, the consideration shall also be given to the additional factors in paragraphs d2i through iv of this section:
i The seriousness of the violation or crime involved;
ii The past history or criminal record of the violator or accused;
iii The importance of the legal issues presented; and iv The relatedness of the crime to the Office of Inspector Generals mission.
3 The following records described in paragraphs d2i through iii of this section will not be released:
i Records required to remain confidential by the Freedom of Information Act, the Privacy Act, this part, and part 262 of this chapter, ii Records containing information relating to an employees security or loyalty; and iii Original records.
4i The following records and testimony may only be produced under the circumstances described in paragraphs d4iA through C of this section:
A The Office of Inspector General Manual and other operating instructions issued to employees when specifically authorized after consultation with the General Counsel to the Inspector General;
B Office of Inspector General criminal investigative reports when specifically authorized after consulting
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with the General Counsel to the Inspector General; and C Information relating to confidential investigative techniques, confidential sources of information, and information that must be keep confidential under the Inspector General Act, as amended, 5 U.S.C. app. 3. Where the authorizing official determines this information would otherwise be appropriate for release under this part, the Office of Inspector General may request an in camera review to determine the necessity for its release.
ii The specific limitations on the production of certain categories of information set forth in paragraphs d4iA through C of this section do not require or imply that other documents or testimony will be authorized without limitation.
5 When authorizing testimony or the release of documents, the authorizing official will establish the extent of the Office of Inspector Generals response.
i Permission to testify or to release documents in all cases will be limited to matters outlined in the affidavit or declaration described in paragraph c3
of this section, or to such matters as deemed appropriate by the authorizing official.
ii If the authorizing official allows the production of documents or testimony, arrangements shall be made for the taking of testimony or receipt of documents by the method least disruptive to the employees 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.
iii The Inspector General, authorizing official, or a delegee may designate an employee other than the employee identified in the request to respond to a request for an appearance.
6 Upon the authorizing officials issuance of a final determination not to authorize testimony or release records, the party making the request may consult or negotiate with the authorizing official to refine and limit the demand.
7 Notwithstanding the Office of Inspector Generals general commitment to offer all possible assistance to the courts, the disclosure of information falling within the scope of this part is a matter of discretion, resting with the authorizing official. If, in the opinion of the authorizing official requested documents should not be released or testimony should not be provided, that determination will be final.
e Representation of an employee in any appearance. At the option of the
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authorizing official, an Office of Inspector General attorney may make an appearance on behalf of the Office of Inspector General and assist an employee whose appearance has been requested and authorized. The authorizing official may also request assistance from the U.S. Department of Justice.
f Expert or opinion witness. Unless authorized by the authorizing official, an employee may not testify as an expert or opinion witness regarding any matter arising out of the employees duties or functions at the Office of Inspector General for any party other than the United States. A litigant must first obtain the permission of an authorizing official before designating an employee as an expert or opinion witness.
g Costs and fees. 1 The Office of Inspector General is authorized to charge reasonable fees to parties demanding documents or information.
Unless determined by 28 U.S.C. 1821 or other applicable statute, the costs of responding to a request for documents or testimony shall be borne by the requesting party. As determined by the Office of Inspector General, costs calculated to reimburse the Office for the cost of responding to a demand may include:
i The costs of time expended by employees to process and respond to the demand;
ii Attorney time for reviewing, responding to, or processing the demand and for legal work in connection with the demand;
iii Expenses generated by equipment used to search for, produce, and copy the requested information;
iv Expenses attendant upon an employees absence from his or her official duties in connection with the case or matter, including the employees salary and applicable overhead charges;
v Travel costs of any employees who testify or are requested to testify and any agency attorney or other representative who travels in connection with a request for testimony, including lodging and per diem, assessed, as applicable, at the rates and in the manner specified in 39 CFR 265.9; and vi Other costs of providing testimony, including the cost of transcripts.
2 At the discretion of the Office of Inspector General where appropriate, fees and costs may be estimated and collected before testimony is given.
h Definitions. The following definitions apply to this section.
Authorizing official means the Inspector General or an official designated by the Inspector General to
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