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CHAPTER X-OFFICE OF ECONOMIC OPPORTUNITY

Part 1005 Inspection and copying of records; rules for compliance with Public Infor

mation Act. 1009 Suspension and termination of assistance. 1010 Nondiscrimination in Federally-assisted programs of the Office of Economic

Opportunity--effectuation of Title VI of the Civil Rights Act of 1964. 1015 Standards of conduct for employees. 1030 Community Action programs.

PART 1005_INSPECTION AND COPY $ 1005.2 Definitions.

ING OF RECORDS; RULES FOR As used in this part,
COMPLIANCE WITH PUBLIC IN (a) "Office" means the Office of
FORMATION ACT

Economic Opportunity;

(b) "Records" includes books, papers, Sec. 1005.1 Purpose.

maps, photographs, or other documen1005.2 Definitions.

tary materials, regardless of physical 1005.3 Central records room.

form, made or received by the Office in 1005.4 Regional rooms and facilities.

connection with the transaction of pub1005.6 Use of records rooms.

lic business and preserved as evidence 1005.7 Identification of records by persons of governmental organizations, funcrequesting them.

tions, policies, decisions, procedures, op1005.8 Securing copies of records by mail.

erations, or other activities, or because 1005.9 Statutory exemptions. 1005.12 Records of other agencies.

of the informational value of data con1005.13 Fees.

tained therein, but does not include 1005.15 Officials authorized to grant or deny

books, magazines or other materials acrequests for records or copies of quired solely for library purposes and records.

available through any officially desig1005.16 Form and records of denial.

nated library of the Office; and 1005.17 Administrative review of denials.

(c) "Person” includes a corporation AUTHORITY: The provisions of this part or organization as well as an individual. 1005 issued under 7 U.S.C. 2243.

§ 1005.3 Central records room. SOURCE: The provisions of this part 1005 appear at 32 F.R. 9685, July 4, 1967, unless

(a) The Office will maintain a central otherwise noted.

records room at its headquarters, in & 1005.1 Purpose.

room 223, 1200 19th Street NW., Wash

ington, D.C. 20506. This room will be The purpose of this part is to prescribe under the supervision of a records rules for the inspection and copying of officer and will open during regular opinions, policy statements, staff man business hours of the Office for the uals, instructions and other records of convenience of members of the public the Office of Economic Opportunity pur in inspecting and copying materials and suant to 5 U.S.C. 552(a) (2) and (3). records made available pursuant to this

of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, five at the end of the first year, five at the end of the second year, and five at the end of the third year after the date of appointment.

(c) Duties. The Advisory Committee on Older Americans will advise the Secretary on matters bearing on his responsibilities under the Act and related activities of his Department. 8 906.2 Technical advisory committees.

The Secretary is authorized to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in carrying out his functions under this Act.

& 906.3 Per diem payments.

Members of the Advisory Committee on Older Americans, or of any technical advisory Committee appointed under $ 906.2 who are not regular full-time employees of the United States, shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee, be entitled to receive compensation at a rate fixed by the Secretary but not exceeding $75 per diem, including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Admiinstrative Expenses Act of 1946 (5 U.S.C. 73b_2) for persons in the Government service employed intermittently.

desires to use. Individuals making phone $ 1005.8 Securing copies of records by requests will be advised by the records mail. officer or his designee whether a written

A person desiring to secure copies of request would be advisable to aid in the

records by mail should write to the "Recidentification and expeditious handling

ords Officer" at the Washington headof the records sought. Individuals mak

quarters address or one of the regional ing written requests should identify the

office addresses indicated above. Records records sought in the manner provided relating to any local community action in $ 1005.7. They should also indicate

program will generally be located in the whether there is any specific date on regional office serving the State in which which they would like to use the records

the program is being carried on; records room facilities. The records officer will

relating to the Volunteers in Service to endeavor to advise the writer as promptly America (VISTA) or Job Corps programs as possible whether, for any reason, it will very commonly be located in headmay not be possible to make the records

quarters. If the person making the resought available on the date requested. quest is uncertain whether the record is $ 1005.7 Identification of records by

located in a particular office, he should

write to the records officer in the headpersons requesting them.

quarters office. The request should (a) In order for the Office to locate

identify the records of which copies are records and make them available, it is

sought as provided in $ 1005.7, and necessary that it be able to identify the

should indicate the number of copies despecific records sought. Persons wishing

sired. As indicated in $ 1005.13, fees may to inspect or secure copies of records

be required in some cases, in which event should, therefore, seek to identify them

they must be paid in advance. If the perjust as fully and accurately as is pos

son making the request is uncertain as to sible. In cases where requests are sub

whether a fee will be required, or its mitted which are not sufficient to permit

amount, his letter should so indicate, and identification, the records officer receiv

he will be advised as to the fee, if any, as ing the request will endeavor to assist

promptly as possible. the person seeking the records in filling in necessary details. In most cases, how

$ 1005.9 Statutory exemptions. ever, persons seeking records will find

(a) The provisions of 5 U.S.C. section that time taken in trying to identify 552 which require that agencies make materials in the beginning is well worth their records available for public intheir while in enabling the Office to re spection and copying do not apply to spond promptly to their request.

matters which are: (b) Among the kinds of information (1) Specifically required by Executive which a person seeking a record should order to be kept secret in the interest of try to provide in order to permit identi

the national defense or foreign policy; fication of a record are the following:

(2) Specifically exempted from dis

closure by statute; (1) The specific event or action, if any

(3) Related solely to the internal peror if known, to which the record refers.

sonnel rules and practices of an agency; (2) The unit or program of the Office (4) Trade secrets and commercial or which may be responsible for or may financial information obtained from a have produced the record, such as Job person and privileged and confidential; Corps, Community Action Programs, or (5) Interagency or intra-agency VISTA.

memorandums or letters which would (3) The date of the record or the date not be available to a party other than or period to which it refers or relates,

an agency in litigation with the agency; if known.

(6) Personnel and medical files and 14) The type of record, such as an ap

similar files the disclosure of which plication, a contract, or a grant, or a

would constitute a clearly unwarranted

invasion of personal privacy; report. (5) Personnel of the Office who may

(7) Investigatory files compiled for

law enforcement purposes except to the have prepared or have knowledge of the

extent available by law to a party other record.

than an agency; (6) Citations to newspapers or pub (8) Contained in or related to exlications which are known to have re amination, operating, or condition referred to the record.

ports prepared by, on behalf of, or for

the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

(b) of the various exemptions set forth in paragraph (a) of this section, those considered most likely to be applicable to records of the Office are listed in subparagraphs (3), (4), (5), (6), and (7) of paragraph (a). These, generally, pertain to: Records setting forth such internal personnel rules and practices as instructions to staff on inspection or contract negotiation tactics; records, including records of commercial and financial data, which contain information which is subject to some established or generally recognized privilege or is otherwise confidential because of the circumstances under which it was acquired; records in the form of communications by which officials or staff of the Office or another agency undertake to advise one another of their views on proposed official actions; records concerning the personal or family affairs of employees, prospective employees, or participants in programs which the Office assists or is responsible for; and records, including inspection reports, which the Office compiles and maintains for use in connection with pending or prospective enforcement proceedings. The Office will invoke these exceptions as sparingly as possible, consistent with its obligation to administer the laws for which it is responsible fairly and effectively and its obligation to assure that the governmental powers and facilities available to it for collecting and maintaining information relating to the private needs, problems or affairs of the families and individuals are not used for other than their intended official purpose. § 1005.12 Records of other agencies.

In any case where a request is determined to relate to records which are of paramount concern to another agency, the Office will forward the request to that agency. The person making the request will be promptly notified of this action. For purposes of this section, records produced by or for another agency which pertain to program powers exercised by it under delegation or agreement from the Office will, subject to any interagency understandings covering

specific records or classes of records, be treated as of paramount concern to that other agency. $ 1005.13 Fees.

It is the policy of the Office of Economic Opportunity, pursuant to section 613 of the Economic Opportunity Act of 1964 (42 U.S.C. sec. 2963), to encourage the widest possible distribution of information concerning programs under the Act. To the extent practicable, that policy will be applied under this part so as to permit requests for inspection or copies of records to be met without cost to the person making the request. Fees will be charged, however, in the case of requests which are determined to involve a burden on staff or facilities significantly in excess of that normally accepted by the Office in handling routine requests for information. In determining whether a fee will be charged, the Office will consider costs of identifying and locating records, as well as costs of copying and mailing. While the fee for copying will in no event exceed 10 cents per page, the Office reserves the right to limit the number of copies that will be provided of any document to any one person, or to require that special arrangements for copying be made in the case of bound volumes or other records presenting unusual problems of handling or reproduction. § 1005.15 Officials authorized to grant

or deny requests for records or copies

of records. The Assistant Director for Management shall be responsible for advising Office officials and staff as to their obligations under this part and for taking such other actions as may be necessary or appropriate to assure a consistent and equitable application of the provisions of this part by and within the Office. He may, for this purpose, require other officials of the Office to clear with him prior to denying requests under this part, or prior to granting requests for categories of documents which he determines may present special or unusual pro lems. Subject to this authority, each Assistant Director of the Office, the General Counsel, the Executive Secretary and each Regional Director is authorized, directly or through his designee, to grant or deny requests under this part which pertains to records within his area of responsibility.

Sec.
1009.5 Time and place of hearing.
1009.6 Right to counsel.
1009.7 Hearing procedures.
1009.8 Decisions and notices.
1009.9 Other remedies.

AUTHORITY: The provisions of this part 1009 issued under sec, 602, 88 Stat. 528; 42 U.S.C. 2942, as amended.

SOURCE: The provisions of this part 1009 appear at 32 F.R. 9687, July 4, 1967, unless otherwise noted. $ 1009.1 Purpose and scope.

This part establishes procedural rules for suspension and termination of assistance provided by the Office of Economic Opportunity under Titles II-A, III-B, IV, and VIII of the Economic Opportunity Act of 1964, as amended (herein the "Act”), for failure of a recipient to comply with applicable laws, regulations, Community Action Memoranda, issued program guidelines, assurances or grant conditions. However, this part shall not apply to any administrative action of the Office of Economic Opportunity based in whole or in part upon any violation, or alleged violation of Title VI of the Civil Rights Act of 1964. In the case of such violation, or alleged violation, the provisions of Part 1010, of this Title 45, Code of Federal Regulations, shall apply. $ 1009.2 Definitions.

As used in this part

(a) The term “Office" means the Office of Economic Opportunity and includes each Regional Office.

(b) The term "Director" means the Director of the Office of Economic Opportunity, or his delegate, or in the case of a proceeding conducted in a Regional Office, the Regional Director of such office or his delegate.

(c) The term “responsible Office official" with respect to any program receiving assistance means the Director or other official of the Office 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 "assistance" includes assistance under Titles II-A, III-B, IV, and VIII of the Act, for the provision of which the Office has primary responsibility, in the form of (1) grants and loans of Federal funds, and (2) the assignment or referral of VISTA volunteers.

(e) The term “recipient” means any State, political subdivision of any State,

$ 1005.16 Form and records of denial.

No request for inspection or copying of records under this part which the requesting person has put in writing shall be denied except in writing. Any denial shall cite the provisions of this part on which the action is based and shall explain the reasons why the provisions cited are considered to support that action. All such denials shall, for purposes of this part, be treated as opinions and shall be maintained and indexed accordingly, subject only to the provisions of $ 1005.3 (c) providing for the deletion of identifying details where necessary to prevent a clearly unwarranted invasion of privacy. $ 1005.17 Administrative review of de

nials. (a) Any person whose written request has been denied may obtain review of the denial by submitting a request for review to the Deputy Director of the Office within 30 days after issuance of the denial. The 30-day limitation may be waived for good cause. A request for review need not be in any particular form so long as it adequately identifies the decision to be reviewed and sets forth the reasons and arguments on which the person making the request relies.

(b) No personal appearance, oral argument or hearing will ordinarily be permitted on review of a denial. Upon request and a showing of special circumstances, however, this limitation may be waived and an informal conference or appearance arranged with or before the Deputy Director or some official designated by him for this purpose.

(c) The decision of the Deputy Director upon review shall be in writing and shall contain an explanation responsive to the arguments advanced and referring to the provisions of this part on which the decision is based. The decision shall be promptly communicated to the person requesting review and shall constitute the final action of the Office. All such decisions shall be treated as opinions under this part in the same manner as denials described in $ 1005.16.

PART 1009-SUSPENSION AND

TERMINATION OF ASSISTANCE Sec. 1009.1 Purpose and scope. 1009.2 Definitions. 1009.3 Application of this part. 1009.4 Suspension and termination.

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