Page images
PDF
EPUB

a

(a) Office" means the Ofice of Economic Opportunity;

(b) "Records” includes books, papers, maps, photographs, or other documentary materials, regardless of physical form, made or received by the Office in connection with the transaction of public business and preserved as evidence of governmental organizations, functions, policies, decisions, procedures, operations, or other activities, or because of the informational value of data contained therein, but does not include books, magazines or other materials acquired solely for library purposes and available through any officially designated library of the Office; and

(c) "Person” includes a corporation or organization as well as an individual. $ 1005.3 Central records room.

(a) The Office will maintain a central records room at its headquarters, in room 223, 1200 19th Street NW., Washington, D.C. 20506. This room will be under the supervision of records officer and will open during regular business hours of the Office for the convenience of members of the public in inspecting and copying materials and records made available pursuant to this part. Certain materials, as described in paragraph (b) of this section, will be regularly maintained in or in close proximity to the records room so as to be promptly available there to any member of the public.

(b) Subject to the limitation stated in paragraph (c) of this section, there will be available in the headquarters records room the following:

(1) All final opinions and orders made in the adjudication of cases which have or may have precedential effect;

(2) Statements of policy and interpretations adopted by the Office which have not been published in the FEDERAL REGISTER but which have been or may be cited or relied upon as precedents;

(3) Administrative staff manuals and instructions to staff which affect the public;

(4) A current index covering at least so much of the foregoing materials as have been issued, adopted, or promulgated after July 4, 1967; and

(5) To the extent feasible, yuidelines, forms, published regulations, and notices, program descriptions, and other materials considered to be of general interest to members of the public in

understanding programs of the Office or in dealing with the Office in connection with those programs.

(c) Certain types of staff manuals or instructions, such as instructions to auditors or staff of the Office of Inspection, or instructions covering certain phases of contract negotiation are exempt from disclosure even though they affect or may affect the public. These will not be maintained in the records rooms. Also, in some cases, opinions maintained in the records rooms may be in a form which deletes certain identifying details in order to prevent a clearly unwarranted invasion of privacy. In such cases, there will be attached to the opinion a full explanation of the justification for the deletion. $ 1005.4 Regional rooms and facilities.

The Office has regional offices in the following places:

Northeast Region (Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Puerto Rico, and the Virgin Islands), 72 West 45th Street, New York, N.Y. 10036.

Mid-Atlantic Region (Delaware, Kentucky, Maryland, North Carolina, Pennsylvania, Virginia, and West Virginia), 1832 M Street NW., Washington, D.C. 20506.

Southeast Region (Alabama, Florida, Georgia, Mississippi, Tennessee, and South Carolina), 730 Peachtree Street NE., Atlanta, Ga. 30308.

Great Lakes Region (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin), 623 South Wabash, Chicago, Ill. 60605.

Southwest Region (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas), 314 West 11th Street, Austin, Tex. 78701.

North Central Region (Colorado, Idaho, Iowa, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming). 911 Walnut Street, Kansas City, Mo. 64106.

Western Region (Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington), 100 McAllister Street, San Francisco, Calif. 94102. Although it may not always be feasible in these offices to set aside records rooms for the exclusive or primary use of the public, every reasonable effort will be made to accommodate members of the public who wish to use regional ofice facilities for the purpose of inspecting and copying records. The Office will also endeavor to maintain and have readily available in its regional offices the materials described in $ 1005.3(b) as available in its headquarters records room and will designate a records officer in each re

gional office to receive and handle requests submitted pursuant to this part. [32 FR. 9685, July 4, 1967; 33 F.R. 19821, Dec. 27, 1968 § 1005.6 Use of records rooms.

(a) Any member of the public who wishes to inspect or copy opinions, interpretations, staff manuals, or other materials regularly maintained in a records room may secure access to those materials by presenting himself at one of the addresses indicated during business hours. No advance notice or appointment is required, although persons wishing to make extended use of regional office facilities should take account of the possible limitations in these facilities as described in $ 1005.4.

(b) The records rooms are also available to any member of the public to inspect and copy records which are not regularly maintained in the records room. To obtain this type of record, a person should present his request identifying the record to the records officer. It will often be impossible, however, to produce these records or copies of them on very short notice. Accordingly, a member of the public who wishes to use records room facilities to inspect or copy such records is advised to arrange a time in advance, by phone or ietter request made to the records officer of the facility he desires to use. Individuals making phone requests will be advised by the records officer or his designee whether a written request would be advisable to aid in the identification and expeditious handling of the records sought. Individuals making written requests should identify the records sought in the manner provided in § 1005.7. They should also indicate whether there is any specific date on which they would like to use the records room facilities. The records officer will endeavor to advise the writer as promptly as possible whether, for any reason, it may not be possible to make the records sought available on the date requested. § 1005.7 Identification of records by

persons requesting them. (a) In order for the Office to locate records and make them available, it is necessary that it be able to identify the specific records sought. Persons wishing to inspect or secure copies of records should, therefore, seek to identify them just as fully and accurately as is possible. In cases where requests are sub

mitted which are not sufficient to permit identification, the records officer receiving the request will endeavor to assist the person seeking the records in filling in necessary details. In most cases, however, persons seeking records will find that time taken in trying to identify materials in the beginning is well worth their while in enabling the Office to respond promptly to their request.

(b) Among the kinds of information which a person seeking a record should try to provide in order to permit identification of a record are the following:

(1) The specific event or action, if any or if known, to which the record refers.

(2) The unit or program of the Ofice which may be responsible for or may have produced the record, such as Job Corps, Community Action Programs, or VISTA.

(3) The date of the record or the date or period to which it refers or relates, if known.

(4) The type of record, such as an application, a contract, or a grant, or a report.

(5) Personnel of the Office who may have prepared or have knowledge of the record.

(6) Citations to newspapers or publications which are known to have referred to the record. $ 1005.8 Securing copies of records by

mail. A person desiring to secure copies of records by mail should write to the "Records Officer" at the Washington headquarters address or one of the regional office addresses indicated above. Records relating to any local community action program will generally be located in the regional office serving the State in which the program is being carried on; records relating to the Volunteers in Service to America (VISTA) or Job Corps programs will very commonly be located in headquarters. If the person making the request is uncertain whether the record is located in a particular office, he should write to the records officer in the headquarters office. The request should identify the records of which copies are sought as provided in § 1005.7, and should indicate the number of copies desired. As indicated in § 1005.13, fees may be required in some cases, in which event they must be paid in advance. If the person making the request is uncertain as to whether a fee will be required, or its

393

66–1000_72-26

amount, his letter should so indicate, and cerning the personal or family affairs he will be advised as to the fee, if any, as of employees, prospective employees, or promptly as possible.

participants in programs which the

Office assists or is responsible for; and $ 1005.9 Statutory exemptions.

records, including inspection reports, (a) The provisions of 5 U.S.C. section which the Office compiles and main552 which require that agencies make tains for use in connection with pending their records available for public in- or prospective enforcement proceedings. spection and copying do not apply to The Office will invoke these exceptions matters which are:

as sparingly as possible, consistent with (1) Specifically required by Executive its obligation to administer the laws for order to be kept secret in the interest of which it is responsible fairly and effecthe national defense or foreign policy; tively and its obligation to assure that

(2) Specifically exempted from dis- the governmental powers and facilities closure by statute;

available to it for collecting and main(3) Related solely to the internal per- taining information relating to the prisonnel rules and practices of an agency; vate needs, problems or affairs of the

(4) Trade secrets and commercial or families and individuals are not used financial information obtained from a for other than their intended oficial person and privileged and confidential;

purpose. (5) Interagency or intra-agency

§ 1005.12 Records of other agencies. memorandums or letters which would not be available to a party other than

In any case where a request is deter

mined to relate to records which are of an agency in litigation with the agency; (6) Personnel and medical files and

paramount concern to another agency, similar files the disclosure of which

the Office will forward the request to would constitute a clearly unwarranted

that agency. The person making the invasion of personal privacy;

request will be promptly notified of this (7) Investigatory files compiled for

action. For purposes of this section, reclaw enforcement purposes except to the

ords produced by or for another agency extent available by law to a party other

which pertain to program powers exerthan an agency;

cised by it under delegation or agree(8) Contained in or related to ex

ment from the Office will, subject to amination, operating, or condition re

any interagency understandings covering ports prepared by, on behalf of, or for

specific records or classes of records, be the use of an agency responsible for the

treated as of paramount concern to that regulation or supervision of financial

other agency. institutions; or

$ 1005.13 Fees. (9) Geological and geophysical infor

It is the policy of the Office of Ecomation and data, including maps, con

nomic Opportunity, pursuant to section cerning wells.

635 of the Economic Opportunity Act of (b) of the various exemptions set

1964, as amended (42 U.S.C. 2977), to forth in paragraph (a) of this section,

encourage the widest possible distributhose considered most likely to be ap- tion of information concerning programs plicable to records of the Office are listed

under the Act. To the extent practicable, in subparagraphs (3), (4), (5), (6), and

that policy will be applied under this part (7) of paragraph (a). These, generally,

so as to permit requests for inspection or pertain to: Records setting forth such

copies of records to be met without cost internal personnel rules and practices

to the person making the request. Fees as instructions to staff on inspection or

will be charged, however, in the case of contract negotiation tactics; records, in

requests which are determined to including records of commercial and fi

volve a burden on staff or facilities signancial data, which contain information

nificantly in excess of that normally acwhich is subject to some established or

cepted by the Office in handling routine generally recognized privilege or is

requests for information. In determining otherwise confidential because of the

whether a fee will be charged, the Ofice circumstances under which it was ac- will consider costs of identifying and loquired; records in the form of commu- cating records, as well as costs of copying nications by which oficials or staff of and mailing. While the fee for copying the Office or another agency undertake will in no event exceed 10 cents per to advise one another of their views on page, the Office reserves the right to proposed official actions; records con- limit the number of copies that will be provided of any document to any one decision to be reviewed and sets forth person, or to require that special ar- the reasons and arguments on which rangements for copying be made in the the person making the request relies. case of bound volumes or other records (b) No personal appearance, oral presenting unusual problems of handling argument or hearing will ordinarily be or reproduction.

permitted on review of a denial. Upon [32 F.R. 9685, July 4, 1967; 38 FR. 19821, request and a showing of special circumDec. 27, 1968]

stances, however, this limitation may be § 1005.15 Officials authorized to grant

waived and an informal conference or or deny requests for records or copies

appearance arranged with or before the of records.

Deputy Director or some official desig

nated by him for this purpose. The Assistant Director for Manage

(c) The decision of the Deputy Direcment shall be responsible for advising tor upon review shall be in writing and Office officials and staff as to their obli

shall contain an explanation responsive gations under this part and for taking

to the arguments advanced and referring such other actions as may be necessary to the provisions of this part on which the or appropriate to assure a consistent and

decision is based. The decision shall be equitable application of the provisions

promptly communicated to the person of this part by and within the Office. He

requesting review and shall constitute may, for this purpose, require other offi

the final action of the Ofice. All such cials of the Ofice to clear with him prior

decisions shall be treated as opinions to denying requests under this part, or under this part in the same manner as prior to granting requests for categories denials described in § 1005.16. of documents which he determines may present special or unusual problems. Sub

PART 1010~NONDISCRIMINATION ject to this authority, each Assistant Director of the Office, the General Coun

IN FEDERALLY-ASSISTED PROsel, the Executive Secretary and each

GRAMS OF THE OFFICE OF ECORegional Director is authorized, directly NOMIC OPPORTUNITY-EFFECTUor through his designee, to grant or deny ATION OF TITLE VI OF THE CIVIL requests under this part which per

RIGHTS ACT OF 1964 tains to records within his area of responsibility.

Sec.

1010.1 Purpose. § 1005.16 Form and records of denial. 1010.2 Definitions.

1010.3 No request for inspection or copying of

Application of this part.

1010.4 Discrimination prohibited. records under this part which the re

1010.5 Assurances required. questing person has put in writing shall

1010.6 Illustrative applications. be denied except in writing. Any denial 1010.7 Compliance information. shall cite the provisions of this part on 1010.8 Conduct of investigations. which the action is based and shall ex- 1010.9 Procedure for effecting compliance. plain the reasons why the provisions cited

1010.10 Hearings.

1010.11 Decisions and notices. are considered to support that action. All such denials shall, for purposes of

1010.12 Judicial review.

1010.13 Effect on other regulations; forms this part, be treated as opinions and shall

and instructions. be maintained and indexed accordingly, subject only to the provisions of $ 1005.3

Appendix A. (c) providing for the deletion of identify- AUTHORITY: The provisions of this part ing details where necessary to prevent a 1010 issued under secs. 602, 602, 78 Stat. 252, clearly unwarranted invasion of privacy.

528; 42 U.S.C. 2000d-1, 2942. $ 1005.17 Administrative review of de

SOURCE: The provisions of this Part 1010 nials.

appear at 30 F.R. 325, Jan. 9, 1965, unless

otherwise noted. (a) Any person whose written request has been denied may obtain review of

& 1010.1 Purpose. the denial by submitting a request for The purpose of this part is to effectuate review to the Deputy Director of the the provisions of Title VI of the Civil Office within 30 days after issuance of the Rights Act of 1964 (hereinafter referred denial. The 30-day limitation may be to as the “Act”) to the end that no person waived for good cause. A request for re- in the United States shall, on the ground view need not be in any particular form of race, color, or national origin, be exso long as it adequately identifies the cluded from participation in, be denied

the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Office of Economic Opportunity. § 1010.2 Definitions.

As used in this part

(a) The term “Ofice” means the Office of Economic Opportunity, and includes all of its organizational units.

(b) The term “Director” means the Director of the Office of Economic Opportunity.

(c) The term “responsible Office official” with respect to any program receiving Federal financial assistance means the Director or other official of the Ofice who by law or by delegation has the principal responsibility within the Office for the administration of the law extending such assistance.

(d) The term “United States” means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term “State” means any one of the foregoing.

(e) The term "Federal financial assistance" includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the referral or assignment of VISTA volunteers (except the referral or assignment of such volunteers to work in programs or activities being carried out by private organizations under contract with the Federal Government or an agency thereof), (5) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration, or at a nominal consideration, or at a considera-, tion which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and (6) any Federal agreement, arrangement, or other contract which has as one of its purposes

the provision of assistance.

(f) The term “program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of

the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any nonFederal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.

(g) The term "facility” includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(h) The term "recipient” means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, organization, other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient thereof, but such term does not include any ultimate beneficiary under any such program.

(i) The term "primary recipient" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(j) The term “applicant” means one who submits an application, request, or plan required to be approved by a responsible Ofice official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means any such application, request, or plan. § 1010.3 Application of this part.

(a) This part applies to any program for which Federal financial assistance is authorized under a provision of law administered by the Ofice, including the

or

9

« PreviousContinue »