favor of the requestor, the decision shall order the records made available to the requestor as provided in the decision. The decision, if adverse to the requestor, shall briefly state the reasons for the decision, and shall be promptly communicated to the requestor, and shall constitute final action of the Department.

(c) Where the Commissioner or his designee upon review affirms the denial of a request for records, in whole or in part, the requestor may seek court review by instituting a civil action in the district court of the United States pursuant to 5 U.S.C. 552(a) (3). § 320.5 Exempted material.

Certain records may be exempted from disclosure under Public Law 90-23, 5 U.S.C. 552, and the Department's regulations thereunder.

SOURCE: The provisions of this Part 350 appear at 25 F.R. 5293, June 14, 1960, unless otherwise noted.

§ 350.1 Reserves in general.

Credit unions organized under the provisions of the District of Columbia Credit Unions Act (D.C. Code 26-501 to 26518), shall establish and maintain such reserves as may be required by the regulations in this part, or in special cases by the Director on his finding that the reserves of a credit union chartered by the District of Columbia are insufficient. § 350.2 Special reserve for delinquent loans.

(a) Each credit union chartered by the District of Columbia shall establish a special reserve to be known as the Special Reserve for Delinquent Loans.

(b) For purposes of this section, the provisions of § 302.3 of this chapter with respect to Federal credit unions shall be deemed to be applicable to credit unions chartered by the District of Columbia, except that wherever reference is made in said § 302.3 to the term, "the Regular Reserve," such term shall be deemed to refer to the regular reserve provided by section 26-512 of the District of Columbia Code.

(a) "Act" means the Vocational Rehabilitation Act, as amended (29 U.S.C. ch. 4).

(b) "Blind" means persons who are blind within the meaning of the law relating to vocational rehabilitation in each State.

(c) "Commissioner" means the Commissioner of Vocational Rehabilitation in the Department of Health, Education, and Welfare.

(d) "Demonstration" means (1) a pilot study or experimental attempt to provide more and better vocational rehabilitation services than are available, for the purpose of testing or establishing standards or methods of service that are practicable and effective for general application in the vocational rehabilitation program; or (2) provision of a special type of rehabilitation service in order to test its value in vocational rehabilitation and to provide information on costs, methods of administration, methods of providing services, or rehabilitation techniques; or (3) provision of vocational rehabilitation services to handicapped individuals in a specific disability category not adequately served.

(e) "Eligible" or "eligibility," when used in relation to an individual's qualification for vocational rehabilitation services, refers to a certification that (1) the handicapped individual has a physical or mental disability which constitutes a substantial handicap to employment and (2) vocational rehabilitation services may reasonably be expected to render him fit to engage in a gainful occupation.

(f) "Establishment of a rehabilitation facility" means (1) the expansion, remodeling, or alteration of existing buildings, necessary to adapt or to increase the effectiveness of such buildings for rehabilitation facility purposes; (2) the acquisition of initial equipment for such purposes; or (3) the initial staffing of a rehabilitation facility, for a period not exceeding 1 year.

(g) "Establishment of a workshop" means the expansion, remodeling, or alteration of existing buildings, necessary to adapt such buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops.

(h) "Gainful occupation" includes employment in the competitive labor market; practice of a profession; selfemployment; homemaking; farm or family work (including work for which payment is in kind rather than in cash); sheltered employment; and home industries or other gainful homebound work.

(i) "Handicapped individual" means any individual who has a physical or mental disability which constitutes a substantial handicap to employment, but which is of such a nature that vocational rehabilitation services (paragraph (x) (1) of this section) may reasonably be expected to render him fit to engage in a gainful occupation, including a gainful occupation which is more consistent with his capacities and abilities.

"Handicapped individual" also means any individual who has a physical or mental disability which constitutes a substantial handicap to employment for whom vocational rehabilitation services (paragraph (x) (2) of this section) are necessary for purposes of the determination of rehabilitation potential.

(j) "Local rehabilitation agency" means the public agency of a political subdivision of a State which has sole responsibility for administering the vocational rehabilitation program in the locality, under the supervision of the State agency.

(k) "Maintenance" means payments to cover the handicapped individual's basic living expenses, such as food, shelter, clothing, health maintenance, and other subsistence expenses essential to determination of the individual's rehabilitation potential or to achievement of his vocational rehabilitation objective.

(1) "Management services and supervision" for small business enterprises includes inspection, quality control, consultation, accounting, regulating, inservice training, and other related services provided on a systematic basis to support and improve small business enterprises operated by blind or other severely handicapped persons under a State agency's small business enterprise program. "Management services and supervision" does not include those services or costs which pertain to the operation of the individual business enterprise, such as employment of substitute workers, rent, advertising and other operating costs.