---
kind: "section"
citation: "12 C.F.R. § 1215.6"
title: "12"
number: "1215.6"
heading: "Factors FHFA may consider."
url: "https://uscodex.org/cfr/12/1215.6"
---

# §1215.6. Factors FHFA may consider.


The Director may grant an employee permission to testify regarding agency matters, and to produce records and information, in response to a demand or request. Among the relevant factors that the Director may consider in making this determination are whether:

- (a) This part's purposes are met;
- (b) FHFA has an interest in the decision that may be rendered in the legal proceeding;
- (c) Approving the demand or request would assist or hinder FHFA in performing statutory duties or use FHFA resources;
- (d) Production might assist or hinder employees in doing their work;
- (e) **The records, information, or testimony can be obtained from other sources.** (Concerning testimony, “other sources” means a non-agency employee, or an agency employee other than the employee named).
- (f) The demand or request is unduly burdensome or otherwise inappropriate under the rules of discovery or procedure governing the case or matter in which the demand or request arose;
- (g) Production of the records, information, or testimony might violate or be inconsistent with a statute, Executive Order, regulation, or other legal authority;
- (h) Production of the records, information, or testimony might reveal confidential or privileged information, trade secrets, or confidential commercial or financial information;
- (i) Production of the records, information, or testimony might impede or interfere with an ongoing law enforcement investigation or proceedings, or compromise constitutional rights;
- (j) Production of the records, information, or testimony might result in FHFA appearing to favor one litigant over another;
- (k) The demand or request pertains to documents that were produced by another agency;
- (l) The demand or request complies with all other applicable rules;
- (m) The demand or request is sufficiently specific to be answered;
- (n) The relevance of the records, information, or testimony to the purposes for which they are sought, and for which they may be used for substantive evidence;
- (o) Production of the records, information, or employee testimony may implicate a substantial government interest; and
- (p) **Any other good cause.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 12 U.S.C. 4526.

### Source

Source: 78 FR 39961, July 3, 2013, unless otherwise noted.