Page images
PDF
EPUB

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.

the use of an agency responsible for the specific records or classes of records, be regulation or supervision of financial treated as of paramount concern to that institutions; or

other agency. (9) Geological and geophysical infor

$ 1003.13 Fees. mation and data, including maps, concerning wells.

It is the policy of the Office of Eco(b) of the various exemptions set nomic Opportunity, pursuant to section forth in paragraph (a) of this section, 613 of the Economic Opportunity Act of those considered most likely to be ap- 1964 (42 U.S.C. sec. 2963), to encourage plicable to records of the Office are listed the widest possible distribution of inin subparagraphs (3), (4), (5), (6), and formation concerning programs under (7) of paragraph (a). These, generally, the Act. To the extent practicable, that pertain to: Records setting forth such policy will be applied under this part so internal personnel rules and practices as to permit requests for inspection or as instructions to staff on inspection or copies of records to be met without cost contract negotiation tactics; records, in to the person making the request. Fees cluding records of commercial and fi- will be charged, however, in the case of nancial data, which contain information requests which are determined to inwhich is subject to some established or volve a burden on staff or facilities siggenerally recognized privilege

or

is nificantly in excess of that normally acotherwise confidential because of the cepted by the Office in handling routine circumstances under which it was ac- requests for information. In determining quired; records in the form of commu- whether a fee will be charged, the Office nications by which officials or staff of will consider costs of identifying and lothe Office or another agency undertake cating records, as well as costs of copying to advise one another of their views on and mailing. While the fee for copying proposed official actions; records con- will in no event exceed 10 cents per cerning the personal or family affairs page, the Office reserves the right to of employees, prospective employees, or limit the number of copies that will be participants in programs which the provided of any document to any one Office assists or is responsible for; and person, or to require that special arrecords, including inspection reports, rangements for copying be made in the which the Office compiles and main- case of bound volumes or other records tains for use in connection with pending presenting unusual problems of handling or prospective enforcement proceedings. or reproduction. The Office will invoke these exceptions

$ 1005.15 Officials authorized to grant as sparingly as possible, consistent with

or deny requests for records or copies its obligation to administer the laws for

of records. which it is responsible fairly and effectively and its obligation to assure that

The Assistant Director for Managethe governmental powers and facilities

ment shall be responsible for advising available to it for collecting and main

Office officials and staff as to their oblitaining information relating to the pri

gations under this part and for taking vate needs, problems or affairs of the

such other actions as may be necessary families and individuals are not used

or appropriate to assure a consistent and for other than their intended official equitable application of the provisions purpose.

of this part by and within the Office. He $ 1005.12 Records of other agencies.

may, for this purpose, require other off

cials of the Office to clear with him prior In any case where a request is deter- to denying requests under this part, or mined to relate to records which are of prior to granting requests for categories paramount concern to another agency, of documents which he determines may the Office will forward the request to present special or unusual problems. Subthat agency. The person making the ject to this authority, each Assistant request will be promptly notified of this Director of the Office, the General Counaction. For purposes of this section, rec- sel, the Executive Secretary and each ords produced by or for another agency Regional Director is authorized, directly which pertain to program powers exer- or through his designee, to grant or deny cised by it under delegation or agree- requests under this part which perment from the Office will, subject to tains to records within his area of any interagency understandings covering responsibility.

ension as

e official as

of goods $ 1009.5.

uld not be

resport recipient

art. Non

[ocr errors]

forbidden expendte ѕ іn ел ion of the ed upon

made in a tion of sam to the sea

subpara tion shall be given to a request by the
to szzscex'i ing scheduled by the Office.
tly girer; and submit written information and

uld not be whether or not assistance has been sus and the Office shall have the right to be
period. It pended, he shall so advise the recipient in represented by counsel, or other author-
E as POTS writing or by telegram. The notice shall ized representatives.
his parent state that the Office intends to terminate

$ 1009.7 Hearing procedures. pend the assistance, the specific reasons therefor, ram shal: and shall either (1) fix a date not more

(a) General. The hearing, decision, pient of than 30 days from the date of such notice and any review thereof shall be conwithin which the recipient may request

ducted in accordance with the rules of mnieve cams of the responsible Office official that the procedure set forth in this section, and matter be scheduled for hearing, or (ii)

$ 1009.8, relating to the conduct of the the peut advise the recipient that the matter has hearing, giving of notices subsequent to been set down for hearing at a stated

those provided for in $ 1009.4(b) (1), takabsence to time and place, in accordance with ing of testimony, exhibits, arguments,

briefs, decisions, and other related mat(2) Hearings shall be scheduled for the

ters. Both the Office and the recipient shall be entitled to introduce evidence

on the issues as stated in the notice of advance the date of a hear

hearing or as framed at a prehearing

conference, or as agreed to by the parties. (3) A recipient may waive a hearing

(b) Presiding officer. The presiding

officer at a hearing shall be the responargument for the record. The failure of

sible Office official or, at his discretion, a recipient to request a hearing, or to ap

a designee (including a hearing examiner pear at a hearing for which a date has

designated in accordance with section 11 been set, unless excused for good cause,

of the Administrative Procedure Act) shall be deemed a waiver of the right to

who has not personally participated in a hearing and consent to the making of

the matter. The presiding officer shall a decision on the basis of such informa

conduct a fair hearing, avoid delay, tion as is available.

maintain order, and make a sufficient (4) The responsible Office official shall

record for a full and true disclosure of attempt, either personally or through a

the facts at issue. To accomplish these representative, to negotiate with the re

ends, the presiding officer shall have all cipient and to resolve the issues in dis

powers authorized by law, and he may pute by informal means prior to the date

make all procedural and evidentiary rulof hearing.

ings necessary to the conduct of the (5) Any order suspending assistance

hearing. shall remain in full force, notwithstand

(c) Participation. (1) The presiding ing the fact that the recipient has re

officer may permit the participation in quested a hearing, or a hearing date has

the proceeding of such persons as he been fixed by the Office. However, the re

deems necessary for a proper determinasponsible Office official may rescind or

tion of the issues involved. Such particistay such order, if and to the extent that

pation may be limited to those issues or he believes that such action is warranted.

activities which the presiding officer beIn the event such order is fully rescinded

lieves will meet the needs of the proceedor stayed, the responsible Office official

ing, and may be limited to the filing of may postpone the hearing to such later

papers, motions or other documents. date as is reasonable under the circum

(2) Any person who wishes to parstances.

ticipate in a proceeding shall file a peti

tion within 10 days after the notice of $ 1009.5 Time and place of hearing. suspension or proposed termination has Hearings shall be held in Washington,

been received by the recipient requesting D.C., or in the appropriate Regional Of

permission to participate. Such petition fice, at a time and place fixed by the re

shall state (1) petitioner's interest in the sponsible Office official, or his designee,

proceeding; (11) the evidence or arguunless he determines that the conven

ments petitioner intends to contribute, ience of the Office, or of the parties or

and (iii) the necessity for the introductheir representatives, requires that

tion of such evidence or arguments. another place be selected.

(3) The presiding officer shall, within

10 days after a petition for participation $ 1009.6 Right to counsel.

is received, permit or deny such particiIn all proceedings under this section, pation and shall give notice of his deciwhether formal or informal, the recipient sion to the petitioner and the recipient

659

considering

ice of Of SISTEM days and tion procent Ordada on, or muancto al species judgment

[ocr errors]
[ocr errors]

ures 43 uch exis

[ocr errors]

nizatiz

me suis werezor.

[ocr errors]

Uca UOISE

دانلود مد شده و منه النبی تا ساعت سناب

[ocr errors]

S43:02

[ocr errors]
[ocr errors]

2

[ocr errors]

C: at 29 28 112y reaca..7 Laced

-Turda ən ANBI AC TPOS DOISIDAD

tiz.

ܢ ܠ. ܝ ܒ ܝ ܝܚ. ܚ ܝ ܝܚ.

2 72'7 " te

2e ron

tonne :

TETSLa". TOUCE Da*** 2.2:

"Ce
cal 27

TBC1w203.2***

3.12

[ocr errors]
[ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors]
« PreviousContinue »