Page images
PDF
EPUB

for the delay, of the date on which a determination may be expected to be dispatched, and of his rights to treat the delay as a denial and appeal to the Executive Director in accordance with § 1701.7. He may also ask the requester to forego appeal until a determination is made.

[40 FR 7653, Feb. 21, 1975] § 1701.6 Form of denial.

A reply denying a request shall be in writing, signed by the Associate Director, and shall include (a) a specific reference to the exemption or exemptions under the Freedom of Information Act authorizing the withholding of the record, (b) a brief explanation of how the exemption(s) applies to the record(s) withheld, (c) a statement that the denial may be appealed under § 1701.7 within thirty days by writing to the Executive Director, National Commission on Libraries and Information Science, Suite 601, 1717 K Street NW., Washington, D.C. 20036, and (d) that judicial review will thereafter be available in the district in which the requester resides or has his principal place of business, the district in which the agency records are situated, or in the District of Columbia. [40 FR 7653, Feb. 21, 1975] § 1701.7 Appeals.

(a) When the Associate Director has denied a request for records in whole or in part, the requester may, within thirty days of receipt of the letter notifying him of the denial, appeal to the Commission. Appeals to the Commission shall be in writing, addressed to the Executive Director, National Commission on Libraries and Information Science, 1717 K Street, NW., Washington, D.C. 20036.

(b) The Commission will act upon an appeal within twenty days (excepting Saturdays, Sundays or legal public holidays) of its receipt, unless an extension is made under paragraph (c) of this section.

(c) In unusual circumstances as specified in this paragraph, the time for action on an appeal may be extended up to ten days (excluding Saturdays, Sundays, and legal public holidays) minus any extension granted at the initial request level pursuant to § 1701.5(c). Such extension shall be made by written notice to the requester setting forth the reason

for the extension and the date on which a determination is expected to be dispatched. As used in this paragraph “unusual circumstances" means, but only to the extent necessary to the proper processing of the appeal—

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the Commission;

(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;

or

(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request.

(d) If no determination of the appeal has been dispatched at the end of the twenty-day period or the last extension thereof, the requester is deemed to have exhausted his administrative remedies, giving rise to a right of review in a district court of the United States as specified in 5 U.S.C. 552 (a) (4). When no determination can be dispatched within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit the requester shall be informed of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of his right to seek judicial review in the United States district court in the district in which he resides or has his principal place of business, the district in which the records are situated, or the District of Columbia. The requester may be asked to forego judicial review until determination of the appeal.

(e) The Commission's determination on appeal shall be in writing. An affirmance in whole or in part of a denial on appeal shall include (1) a reference to the specific exemption or exemptions under the Freedom of Information Act authorizing the withholding of the record, (2) a brief explanation of how the exemption (s) applies to the record(s) withheld, and (3) a statement that judicial review of the denial is available in the district in which the requester resides or has his principal place of business, the district in which the agency records are situated, or the District of Columbia. [40 FR 7653, Feb. 21, 1975]

FINDING AIDS

A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.

[blocks in formation]

SUBJECT INDEX

(References are to title and part, or to title and section)

ACE

A

See Active Corps of Executives
ACTION, 45 Parts 1201-1220

Classified information, 45 Part 1202
Conduct standards, 45 Part 1201
Federal aid programs, civil rights com-
pliance provisions, 45 Part 1203
Grants and contracts, suspension, ter-
mination, denial of refunding proce-
dures, 45 Part 1206

Information availability, 45 Part 1215
Seal, 45 Part 1204

Volunteer grievance procedures, 45
Part 1211

Active Corps of Executives

Reimbursement of volunteers for cer-
tain expenses, 45 Part 1205
Administration on Aging
See Aging, Administration on
Advisory Committee on Older
Americans

See Older Americans, Advisory Com-
mittee on

Aged

Advisory committees on programs for
the aged, 45 Part 908

Foster grandparent program, 45 Part
1208

Information and referral services, 45
§§ 903.52, 903.82

Living conditions, community services,
etc., research grants and contracts,
45 Part 904

Model projects to expand or improve
social services, 45 Part 910
Nutrition program, 45 Part 909
Retired senior volunteer program, 45
Part 906

Aged Continued

Senior companion program, 45 Part
1207

State and community service pro-
grams, organization and planning
grants, 45 Part 903

Training programs for personnel in
the field of aging, grants and con-
tracts, 45 Part 905

Aging, Administration on, 45 Parts
901-910

Grant-in-aid programs, general ad-
ministrative provisions, 45 Part 901
Agricultural Surpluses

Nutrition program for the aged, pur-
chase and use, 45 §§ 909.61, 909.62
Arts and the Humanities, National
Foundation on the

See National Foundation on the Arts
and the Humanities

[blocks in formation]

Civil Rights-Continued

Federal aid programs, compliance pro-
visions

ACTION, 45 Part 1203

ACTION Cooperative volunteer pro-
gram, 45 § 1213.6-5

Child abuse and neglect, preven-
tion and treatment program, 45
§ 1340.1-9

Community Services Administration
Part 1010

National Foundation on the Arts and
the Humanities, 45 Part 1110
National Science Foundation, 45
Part 611

Postsecondary education improve-
ment grants and contracts, 45
§ 1501.2(a)

Senior companion program, 45
§§ 1207.4-1 (c), 1207.5-5(c)
Civil Rights, Commission on, 45
Parts 701-705

Conduct standards, 45 Part 705
Hearings procedures, 45 Part 702
Information availability, 45 Part 704
Organization and functions, 45 Part
701

State advisory committees, 45 Part 703
Civil Service Commission, 45 Part
801
Claims

Foreign Claims Settlement Commis-

sion of the United States, appear-
ance and practice rules, 45 Parts 500,
501

International claims

Lake Ontario property damage, 45
Part 560

Nationalization or expropriation of
property of U.S. nationals, 45 Part
531

Job Corps program claims, settlement,
45 Part 1013

War claims

Philippine rehabilitation, 45 Parts
540-543

U.S.S. Pueblo prisoners, 45 Parts
505-509

Vietnam conflict, prisoners of war

and civilian internees, 45 Parts
505-509

World War II losses, 45 Part 580

Classified Information

See also Information availability
ACTION, 45 Part 1202

National Science Foundation, 45 Part

601

Commission on Civil Rights

See Civil Rights, Commission on
Community Action Programs

Community action agencies, establish-
ment, 45 Part 1062

Emergency food and medical services
funds, use for food stamp activities,
45 §§ 1061.12-1-1061.12-7
Energy conservation, 45 §§ 1061.30-1-
1061.30-10

Equal employment opportunity com-
pliance provisions, 45 §§ 1060.4—1—
1060.4-7

Evaluation of program effectiveness, 45
Part 1078

Financial management, 45 Part 1068
Funding criteria, 45 Part 1067

Health services projects, eligibility
standards, 45 §§ 1061.3-1-1061.3-3
Information availability, 45 §§ 1070.1-
1-1070.1-6

Legal services programs, consultation
with bar associations, 45 §§ 1061.2-
1-1061.2-5

Lobbying activities, restrictions, 45
§§ 1069.6-1-1069.6-3

Motor vehicles, acquisition and use,
45 §§ 1071.70-1071.75
Participation of poor in program plan-
ning, 45 §§ 1060.1-1-1060.1-3
Poverty guidelines, 45 §§ 1060.2—1—
1060.2-4

Property management, 45 Part 1071
Public demonstrations, restrictions on

program personnel, 45 §§ 1069.1-1-
1069.1-8

Public meetings and hearings, 45
§§ 1070.2-1-1070.2-5

Riots, restriction on program person-
nel, 45 §§ 1069.2-1-1069.2-4
Summer youth recreation programs,
45 §§ 1061.20-1-1061.20-11
Technical assistance from State eco-
nomic opportunity offices, 45 Part
1075

[blocks in formation]
« PreviousContinue »