§ 493.1. Purpose and policy.
(a) It is the purpose and policy of the Secretary of Transportation to make information available to the public to the greatest extent in keeping with the law the protection of private rights and the efficient conduct of public business.
(b) The provisions of this chapter are intended to control and regulate:
(1) Acceptance by Department employes of legal process and legal pleadings involving the Department.
(2) Testimony by Department employes as witnesses in legal proceedings.
(3) Production by Department employes of official records.
(c) The Chief Counsel, Deputy to the Chief Counsel, or an Assistant Chief Counsel may authorize a deviation from a policy or procedure as set forth in this chapter, but only when the deviation will not interfere with matters of operational necessity, and when:
(1) The deviation is necessary to prevent a miscarriage of justice.
(2) The Department has an interest in the decision that may be rendered in the legal proceeding.
(3) The deviation is in the best interests of transportation activities fostered by the Department or by the United States Government.
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