# 5 CFR § 1216.202: Factors the MSPB will consider

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.202

## Section

- **Citation:** 5 CFR § 1216.202
- **Heading:** Factors the MSPB will consider
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER II—MERIT SYSTEMS PROTECTION BOARD > SUBCHAPTER A—ORGANIZATION AND PROCEDURES > PART 1216—TESTIMONY BY MSPB EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS > Subpart B—Demands or Requests for Testimony and Production of Documents

## Text

The General Counsel, 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 demand or request. Among the relevant factors that the General Counsel 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 MSPB in performing its statutory duties;
(d) Allowing such testimony or production of records would be in the best interest of the MSPB or the United States;
(e) The records or testimony can be obtained from other sources;
(f) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rule of procedure governing the case or mater in which the demand or request 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 which 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 MSPB appearing to favor one litigant over another;
(k) Whether the request was served before the demand;
(l) A substantial Government interest is implicated;
(m) The demand or request is within the authority of the party making it; and
(n) The demand or request is sufficiently specific to be answered.

## Nearby sections

- [5 CFR § 1216.101 § 1216.101 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.101.md)
- [5 CFR § 1216.102 § 1216.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.102.md)
- [5 CFR § 1216.103 § 1216.103 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.103.md)
- [5 CFR § 1216.201 § 1216.201 General prohibition.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.201.md)
- [5 CFR § 1216.202 § 1216.202 Factors the MSPB will consider.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.202.md)
- [5 CFR § 1216.203 § 1216.203 Filing requirements for litigants seeking documents or testimony.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.203.md)
- [5 CFR § 1216.204 § 1216.204 Service of requests or demands.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.204.md)
- [5 CFR § 1216.205 § 1216.205 Processing requests or demands.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.205.md)
- [5 CFR § 1216.206 § 1216.206 Final determination.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.206.md)
- [5 CFR § 1216.207 § 1216.207 Restrictions that apply to testimony.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.207.md)
- [5 CFR § 1216.208 § 1216.208 Restrictions that apply to released records.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.208.md)
- [5 CFR § 1216.209 § 1216.209 Procedure when a decision is not made prior to the time a response is required.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.209.md)
- [5 CFR § 1216.210 § 1216.210 Procedure in the event of an adverse ruling.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.210.md)
- [5 CFR § 1216.301 § 1216.301 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.301.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-1216.202. Check the current official text before relying on it. Not legal advice.