« PreviousContinue »
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. f 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. $ 1003.13 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 problems. 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.
$ 1005.16 Form and records of denial. Sec.
1009.5 Time and place of hearing. No request for inspection or copying of
1009.6 Right to counsel. records under this part which the re 1009.7 Hearing procedures. questing person has put in writing shall 1009.8 Decisions and notices. be denied except in writing. Any denial 1009.9 Other remedies. shall cite the provisions of this part on
AUTHORITY: The provisions of this part which the action is based and shall ex- 1009 issued under sec. 602, 88 Stat. 528; 42 plain the reasons why the provisions cited U.S.C. 2942, as amended. are considered to support that action.
SOURCE: The provisions of this part 1009 All such denials shall, for purposes of appear at 32 F.R. 9687, July 4, 1967, unless this part, be treated as opinions and shall otherwise noted. be maintained and indexed accordingly, subject only to the provisions of $ 1005.3
§ 1009.1 Purpose and scope. (c) providing for the deletion of identify- This part establishes procedural rules ing details where necessary to prevent a for suspension and termination of assistclearly unwarranted invasion of privacy. ance provided by the Office of Economic
Opportunity under Titles II-A, III--B. IV. § 1005.17 Administrative review of de
and VIII of the Economic Opportunity nials.
Act of 1964, as amended (herein the (a) Any person whose written request "Act”), for failure of a recipient to comhas been denied may obtain review of ply with applicable laws, regulations, the denial by submitting a request for Community Action Memoranda, issued review to the Deputy Director of the program guidelines, assurances or grant Office within 30 days after issuance of the conditions. However, this part shall not denial. The 30-day limitation may be apply to any administrative action of the waived for good cause. A request for re Office of Economic Opportunity based in view need not be in any particular form whole or in part upon any violation, or so long as it adequately identifies the alleged violation of Title VI of the Civil decision to be reviewed and sets forth Rights Act of 1964. In the case of such the reasons and arguments on which violation, or alleged violation, the provithe person making the request relies. sions of Part 1010, of this Title 45, Code
(b) No personal appearance, oral of Federal Regulations, shall apply. argument or hearing will ordinarily be permitted on review of a denial. Upon
$ 1009.2 Definitions. request and a showing of special circum As used in this partstances, however, this limitation may be (a) The term "Office" means the Ofwaived and an informal conference orfice of Economic Opportunity and inappearance arranged with or before the cludes each Regional Office. Deputy Director or some official desig (b) The term "Director” means the nated by him for this purpose.
Director of the Office of Economic Op(c) The decision of the Deputy Direc portunity, or his delegate, or in the case tor upon review shall be in writing and of a proceeding conducted in a Regional shall contain an explanation responsive Office, the Regional Director of such to the arguments advanced and referring office or his delegate. to the provisions of this part on which the (c) The term "responsible Office offidecision is based. The decision shall be cial" with respect to any program repromptly communicated to the person ceiving assistance means the Director requesting review and shall constitute or other official of the Office who by law the final action of the Office. All such or by delegation has the principal re
sponsibility within the Office for the addecisions shall be treated as opinions under this part in the same manner as
ministration of the law extending such
assistance. denials described in $ 1005.16.
(d) The term "assistance" includes
assistance under Titles II-A, III-B, IV, PART 1009_SUSPENSION AND
and VIII of the Act, for the provision TERMINATION OF ASSISTANCE of which the Office has primary responsi
bility, in the form of (1) grants and loans 1009.1 Purpose and scope.
of Federal funds, and (2) the assignment 1009.2 Definitions.
or referral of VISTA volunteers. 1009.3 Application of this part.
(e) The term “recipient" means any 1009.4 Suspension and termination.
State, political subdivision of any State,
or instrumentality of any State or politi- assistance should not be suspendid withcal subdivision, any public or private in a specified period, not to be less than agency, institution, organization, or other 5 days (except as provided in subparaentity, or any individual in any State graph (4) of this paragraph), the Office to whom assistance is extended, directly intends to suspend the assistance. The or through another recipient thereof, but letter or telegram shall specifically insuch term does not include any ultimate form the recipient of the reasons for beneficiary under any program of assist- proposed suspension and of the action ance. For the purposes of this paragraph, required to achieve compliance. The rethe term "State" includes the States of sponsible Office official may, in his dis the United States, the District of Colum cretion, extend the period specified i bia, Puerto Rico, the Virgin Islands, the notice. American Samoa, Guam, Wake Island, (2) In the absence of a showing i the Canal Zone, and the territories and compliance or of good cause why ti possessions of the United States.
assistance should not be suspended, (f) The term "termination" means the expiration of the warning peri any action permanently or indefinitely referred to in subparagraph (1) of terminating or curtailing assistance to paragraph, the responsible Office offic all or any part of a program prior to is authorized to suspend assistance the time that such assistance or program whole or in part. Notice of suspensi has, by its terms or otherwise, concluded, shall be promptly given to the recipi but does not include the refusal to pro by letter or by telegram and shall spec vide new or additional assistance.
ically advise the recipient of the eff (g) The term “suspension" means any tive date of the suspension and the action temporarily suspending or cur tent of any partial suspension. The ! tailing assistance in whole or in part, tice shall also forbid the recipient
ll or any part of a program, prior to make any new expenditures or incur the time that such assistance or pro new obligations in connection with gram has, by its terms or otherwise, suspended portion of the program. concluded, but does not include the penditures based upon legally enfo refusal to provide new or additional able obligations made in good faith, assistance.
not in anticipation of suspension or
mination, prior to the notice of sus § 1009.3 Application of this part.
sion shall not be considered new expe This part applies to assistance pro tures. vided under any program authorized (3) The notice of suspension. under Titles II-A, III-B, IV, and VIII
state the period of suspension which of the Act, and administered by the not exceed 21 days unless, during Office, and does not apply to programs period, termination proceedings ar. whose administration has been delegated stituted in accordance with parag to another Federal agency.
(b) of this section, or unless the po § 1009.4 Suspension and termination.
agree to a continuance of the suspa
for an additional specific period. (a) Suspension. (1) If there appears
(4) If, in the judgment of the rt to be a failure or threatened failure to
sible Office official, summary action comply with any applicable law, regula
quired to prevent serious and subst tion, Community Action Memo or other
loss to the Office, or other irrep. issued program guide, assurance, or
harm, the responsible Office officia grant condition, of sufficient seriousness
in writing or by telegram, suspend to warrant action under this part, the
ance immediately without con responsible Office official shall advise the
with the procedures established recipient of his failure or threatened
paragraph. In such case, the pe. failure to comply and shall attempt to
suspension shall not exceed 7 d secure compliance by voluntary means.
less termination proceedings are If the responsible Office official deter
tuted in accordance with paragra mines that compliance cannot be se
of this section, or unless the parti. cured by voluntary means within a
to a continuance of the suspensio: period of time determined by him to be
additional specific period. reasonable under the circumstances, he (b) Termination. (1) If the shall notify the recipient by letter or sible Office official believes that : by telegram that unless compliance is ure to comply is sufficiently sc achieved, or good cause is shown why warrant termination of as.
ble Office official on the record, and a Sec.
1010.8 Conduct of investigations.
1010.9 Procedure for effecting compliance. writing to the recipient.
1010.10 Hearings. (c) Each decision of a presiding officer
1010.11 Decisions and notices. shall set forth his ruling on each finding, 1010.12 Judicial review, conclusion, or exception presented, and 1010.13 Effect on other regulations; forms shall identify the requirement or re
and instructions. quirements with which it is found that
Appendix A. the recipient has failed to comply.
AUTHORITY: The provisions of this part (d) Any final decision of a responsible
1010 are issued under sec. 602, 78 Stat. 252; Office official (other than the Director)
42 U.S.C. 2000d-1; and sec. 602, 78 Stat. 528; which provides for the continued sus
42 U.S.C. 2942. pension or termination of assistance,
SOURCE: The provisions of this Part 1010 shall promptly be transmitted to the
appear at 30 F.R. 325, Jan. 9, 1965, unless Director, who may approve such deci
otherwise noted. sion, may vacate it, or may remit or mitigate any sanction imposed. The § 1010.1 Purpose. Director shall not be required to hold
The purpose of this part is to effectuate a hearing, or to allow the filing of addi
the provisions of Title VI of the Civil tional briefs or arguments. Failure of Rights Act of 1964 (hereinafter referred the Director to act within 10 days from
to as the "Act”) to the end that no person receipt of such decision shall be deemed
in the United States shall, on the ground an approval of such decision. The deci
of race, color, or national origin, be exsion of the Director shall be final and
cluded from participation in, be denied not reviewable.
the benefits of, or be otherwise subjected (e) The final decision may provide for to discrimination under any program or continued suspension or termination of
activity receiving Federal financial asassistance to the recipient in whole or sistance from the Office of Economic in part, and may contain such terms,
Opportunity. conditions, and other provisions as are consistent with and will effectuate the
§ 1010.2 Definitions. purposes of the Act.
As used in this part$ 1009.9 Other remedies.
(a) The term "Office" means the Office
of Economic Opportunity, and includes The procedure established in this part
all of its organizational units. shall not preclude the Office from
(b) The term "Director" means the pursuing any other remedies authorized
Director of the Office of Economic Opby law, including (a) a reference to the
portunity. Department of Justice, with a recom
(c) The term “responsible Office offimendation that appropriate proceedings cial" with respect to any program receivbe brought to enforce any rights or ing Federal financial assistance means powers of the United States under any
the Director or other official of the law of the United States, or any legally Office who by law or by delegation has enforceable undertaking or agreement,
the principal responsibility within the and (b) any applicable proceeding under Office for the administration of the law State or local law.
extending such assistance.
(d) The term "United States" means PART 1010NONDISCRIMINATION the States of the United States, the Dis
IN FEDERALLY-ASSISTED PRO trict of Columbia, Puerto Rico, the GRAMS OF THE OFFICE OF ECO
Virgin Islands, American Samoa, Guam,
Wake Island, the Canal Zone, and the NOMIC OPPORTUNITY-EFFECTU
territories and possessions of the United ATION OF TITLE VI OF THE CIVIL
States, and the term “State" means any RIGHTS ACT OF 1964
one of the foregoing. Sec.
(e) The term "Federal financial as1010.1 Purpose.
sistance" includes (1) grants and loans of 1010.2 Definitions.
Federal funds, (2) the grant or donation 1010.3 Application of this part.
of Federal property and interests in prop1010.4 Discrimination prohibited.
erty, (3) the detail of Federal personnel, 1010.5 Assurances required.
(4) the referral or assignment of VISTA 1010.6 Illustrative applications.
volunteers (except the referral or assign
ment of such volunteers to work in pro other entity, or any individual, in any grams or activities being carried out by State, to whom Federal financial assistprivate organizations under contract ance is extended, directly or through with the Federal Government or an another recipient thereof, but such term agency thereof), (5) the sale and lease does not include any ultimate beneficiary of, and the permission to use (on other under any such program. than a casual or transient basis), Fed (i) The term "primary recipient" eral property or any interest in such means any recipient which is authorized property without consideration, or at a or required to extend Federal financial nominal consideration, or at a considera assistance to another recipient for the tion which is reduced for the purpose of purpose of carrying out a program. assisting the recipient, or in recognition (j) The term “applicant" means one of the public interest to be served by who submits an application, request, or such sale or lease to the recipient, and plan required to be approved by a re(6) any Federal agreement, arrange sponsible Ofice oficial, or by a primary ment, or other contract which has as one recipient, as a condition to eligibility for of its purposes
the provision of Federal financial assistance, and the assistance.
term "application" means any such ap(f) The term "program" includes any plication, request, or plan. program, project, or activity for the provision of services, financial aid, or other
8 1010.3 Application of this part. benefits to individuals (including educa (a) This part applies to any program tion or training, health, welfare, rehabill for which Federal financial assistance is tation, housing, or other services, authorized under a provision of law adwhether provided through employees of ministered by the Office, including the the recipient of Federal financial assist Federally-assisted programs and activiance or provided by others through con ties listed in Appendix A of this part. It tracts or other arrangements with the applies to money paid, property transrecipient, and including work oppor ferred, or other Federal financial assisttunities and cash or loan or other as ance extended under any such program sistance to individuals), or for the after the effective date of the part purprovision of facilities for furnishing suant to an application approved prior services, financial aid or other benefits to to such effective date. This part does individuals. The services, financial aid, not apply to (a) any Federal financial or other benefits provided under a pro assistance by way of insurance or guargram receiving Federal financial assist anty contracts, (b) money paid, property ance shall be deemed to include any transferred, or other assistance extended services, financial aid, or other benefits under any such program before the effecprovided with the aid of Federal financial tive date of this part, (c) any assistance assistance or with the aid of any non to any individual who is the ultimate Federal funds, property, or other re beneficiary under any such program, or sources required to be expended or made (d) any employment practice, under any available for the program to meet match such program, of any employer, employing requirements or other conditions ment agency, or labor organization, exwhich must be met in order to receive the cept to the extent described in § 1010.4. Federal financial assistance, and to in The fact that a program or activity is clude any services, financial aid, or other not listed in Appendix A shall not mean, benefits provided in or through a facility if Title VI of the Act is otherwise approvided with the aid of Federal financial plicable, that such program is not covassistance or such non-Federal resources. ered. Other programs under statutes
(g) The term "facility” includes all or now in force or hereinafter enacted may any portion of structures, equipment, or be covered by this part after notice is other real or personal property or in published in the FEDERAL REGISTER. terests therein, and the provision of fa (b) The regulations issued by the Decilities includes the construction, expan partment of Agriculture pursuant to sion, renovation, remodeling, alteration Title VI of the Act (7 CFR Part 15) shall or acquisition of facilities.
be applicable to the program of grants (h) The term "recipient” means any and loans authorized under Title III, State, political subdivision of any State, Part A of the Economic Opportunity Act or instrumentality of any State or po of 1964. litical subdivision, any public or private (c) The regulations issued by the Deagency, institution, organization, partment of Labor pursuant to Title VI