being, as the case may be, referred for the prompt consideration of the Attorney General. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested instructions from the Attorney General. § 16.14 Procedure in the event of an adverse ruling. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 16.13 (b) pending receipt of instructions from the Attorney General, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the Attorney General not to produce the material or disclose the information sough, the employee or former employee upon whom the demand has been made sha respectfully decline to comply with the demand (United States ex rel Touhy v Ragen, 340 U.S. 462). 32 F.R. 9663 July 4, 1967 28 CFR 16.1 IMMIGRATION AND NATURALIZATION SERVICE (Department of Justice) § 100.3 Places where, and methods whereby, information may be secured or submittals or requests made. Any person desiring information relative to a matter handled by the Immigration and Naturalization Service, or any person desiring to make a submittal or request in connection with such a matter should communicate either orally or in writing with a district headquarters office or suboffice of the Service. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office of the Service or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Service or the regulations implementing those laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this chapter dealing with the particular type of application may be consulted for regulatory provisions. * * § 103.7 [Amended] 9. Section 103.7 is amended in the following respects: a. The heading is amended to read: "Fees". b. Paragraph (a) is deleted. * c. Paragraphs (b) and (c) are redesignated as paragraphs (a) and (b). d. The third item in newly designated paragraph (b) is deleted. e. The following is added at the end of the existing schedule of fees in newly designated paragraph (b): For the services expended in locating or making available records or copies thereof under 5 U.S.C. 552, the following user charges are deemed fair and equitable and shall be assessed against the person who requests that records be made available: (a) Each Form N-585 shall be accompanied by payment of.. (This charge will be retained whether or not an identified record is (b) For each one quarter man-hour or fraction thereof spent in excess of $3.00 1.00 (c) For each one quarter hour or fraction thereof spent in monitoring the requestor's examination of materials__ 1.00 (d) For copies of documents: First page- .50 Each additional page- 25 (Maximum number of copies furnished of any document, 10.) (e) For each certification of a true copy- 1.00 (f) For each attestation under seal__ 3.00 10. Section 103.8 is added to read as follows: § 103.8 Definitions pertaining to availability of information. As used in this part the following definitions shall apply: (a) The term "decision" means a final written determination in a proceeding under the Act accompanied by a statement of reasons. Orders made by check marks, stamps, or brief endorsements which are not supported by a reasoned explanation, or those incorporating preprinted language on Service forms are not "decisions". (b) The term "records" includes records of proceedings, documents, reports, and other papers maintained by the Service. (c) The term "record of proceeding" is the official history of any hearing, examination, or proceeding before the Service, and in addition to the application, petition, order to show cause, or other initiating document, includes the transcript of hearing or interview, exhibits, and any other evidence relied upon in the adjudication; papers filed in connection with the proceeding, including motions and briefs: the Service officer's determination; notice of appeal or certification; the Board or other appellate determination; motions to reconsider or reopen; and documents submitted in support of appeals, certifications, or motions. 11. Section 103.9 is added to read as follows: § 103.9 Availability of decisions and interpretive material. (a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, bound volumes of designated precedent decisions entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication in volume form current precedent decisions, known as interim decisions, are obtainable from the Superintendent of Documents on a single copy or yearly subscription basis. Bound volumes and current precedent decisions may be read at principal Service offices. (b) Unpublished decisions. Each district director in the United States will maintain copies of unpublished Service and Board decisions relating to proceedings in which the initial decision was made in his district. Each regional commissioner will maintain copies of unpublished decisions made by him. The Central Office will maintain copies on a national basis of unpublished Service decisions. (c) Deletion of identifying details. To the extent required to prevent a clearly unwarranted invasion of personal privacy, the officer who makes the decision shall provide for deletions of names and such other identifying data as he deems appropriate from copies of decisions which are made available. (d) Statements of policy, interpretations, manuals, instructions to staff. Statements of policy, interpretations, and those manuals and instructions to staff (or portions thereof), affecting the public, will be made available at district offices in the United States and at the Central Office with an accompanying index of any material which is issued on or after July 4, 1967. (e) Public reading rooms. The Central Office and each district office in the United States will provide a reading room or reading area where the material described in this section will be made available to the public. Additional materials will be made available in the public reading rooms, including the immigration and nationality laws, Title 8 of the United States Code Annotated, Title 8 of the Code of Federal Regulations, and a complete set of the forms listed in Parts 299 and 499 of this chapter. Fees will not be charged for providing access to any of these materials, but fees in accordance with § 103.7 (b) will be charged for furnishing copies. 12. Section 103.10 is added to read as follows: § 103.10 Records. (a) Availability of records generally.-A request for a record will be submitted in accordance with paragraphs (c) and (d) of this section on Form N-585. The form concerning such a request will be forwarded by the office receiving it to the Commissioner for transmission to the Deputy Attorney General pursuant to 28 CFR 16.6 (b). When the requested record is identified and located a copy thereof will be forwarded with the form and with the recommendation of the receiving office. When the requested record cannot be identified or located, a brief summary of the action taken to identify and locate it and a copy of the application form shall be submitted in the same manner to the Deputy Attorney General. (b) Requests which may be approved by Service officers. Notwithstanding the provisions of paragraph (a) above, the following types of requests for information and records may be granted by the head of the office to which the request is submitted and without submission to the Deputy Attorney General: (1) Requests for information and records which officers and employees of the Service prior to the enactment of 5 U.S.C. 552 customarily furnished to the public in the regular performance of their duties; (2) Requests for records of proceedings in deportation hearings, unless members of the public have been excluded from the hearing by direction of the special inquiry officer pursuant to § 242.16 (a) of this chapter; (3) Requests for records of proceedings in naturalization examinations and hearings; (4) Requests for records of proceedings in any other proceeding before the Service which was open to the public; (5) Requests for records of proceedings in administrative fine cases. When in the opinion of the receiving office such a request for a record should not be granted the request will be processed in conformity with paragraph (a) of this section. (c) Places and manner of obtaining records (1) Places. Records shall be made available in the Central Office, each regional office, any district office in the United States, and the following offices: Agana, Guam; Albany, N.Y.; Cincinnati, Ohio; Dallas, Tex.; Hammond, Ind.; Houston, Tex.; Memphis, Tenn.; Milwaukee, Wis.; Norfolk, Va.; Pittsburgh, Pa.; Providence, R.I.; Reno, Nev.; St. Louis, Mo.; Salt Lake City, Utah; San Diego, Calif.; Spokane, Wash.; additionally, in particular cases, a district Director may designate any other Service office. Requests for Board records described in 28 CFR 16.6 shall be submitted to the Associate Commissioner, Management. (2) Manner of requesting records; fees. Requests for records may be made in person or by mail. Each request made under this section pertaining to the availability of a record shall include or consist of Form N-585, or Form I-550 when submitted in accordance with a request by an American consul, shall be accompanied by a fee of $3 as provided in § 103.7(b), and shall describe the record with sufficient specificity with respect to names, dates, subject matter, and location to permit it to be identified and located. A fee shall not be required when the request is made by Federal or State Government agencies, including political subdivisions and municipalities. A single fee shall be charged for a request for a search relating to one individual even though information concerning him is in more than one record and in more than one place. (3) Temporary withholding of records. Records relating to matters pending before the Service may be withheld when in the opinion of the district director compliance with the request will disrupt the administrative process. Nothing contained herein is intended to impair the right of a party to a proceeding, or his attorney or representative, to examine the record of proceeding and obtain a copy thereof, as provided in § 292.4 (b) of this chapter. (d) Authority to release information and certify records; fees for copies and certification. (1) Subject to the authority reserved to the Attorney General under 28 CFR 16.6 and 16.7 and subject to such restrictions as may be imposed by law or this chapter, authority coextensive with that of the Commissioner is hereby delegated to the officers listed below to furnish information from Service records to any person entitled thereto and to certify copies thereof; (i) The Associate Commissioner, Management, as to files, documents, and records in the custody of the Central Office. (ii) A regional commissioner or district director as to files, documents, and records in the custody of his office. (2) The Chief, Records Administration and Information Branch, Central Office, may certify as to the nonexistence of an official record in the records of the Service. § 113.1 Inquiries. 32 F.R. 9617 8 CFR 103.9 POST OFFICE DEPARTMENT (a) Mail and other local services. Make inquiries regarding mail and other post office services to local postmasters. (b) Departmental records, documents and other data. (1) This part contains information as to the availability of, and the procedures to be followed by persons outside the Federal Government to inspect and copy the various records and data concerning operation of the Department. Make further inquiries regarding availability of location of Department records, administrative manuals and other documents to the head of the office at which the record is maintained, if known. In other cases, inquiries may be made to the local postmasters, regional directors, directors, postal data centers, or the Special Assistant to the Postmaster General for Public Information, Post Office Department, Washington, D.C. 20260. (2) Parties in litigation or adversary proceedings with the Department in any Federal or State court, Federal board or commission will be furnished Department records, documents and other data, excluding postal inspectors' reports and Postal Inspection Service records, only as provided by the rules or Orders of such courts, boards or commissions. Postal inspectors' reports and Postal Inspection Service records will be disclosed only if prior approval for such disclosure is obtained from Headquarters, Post Office Department, Washington, D.C. 20260, or in response to an Order issued by a judge of a Federal court. (c) Office, business hours. Records may be inspected during regular business hours Monday through Friday (exclusive of legal holidays) and only at those postal installations where they are maintained, unless otherwise specifically authorized. However, the public will not be permitted to inspect records at the Postal Data Centers. Records which are maintained at the Postal Data Centers may, if made available, be inspected at the Regional Office designated by the Director of the Postal Data Center. (d) Definitions. The following terms as used herein shall mean: (1) "Department": Post Office Department Headquarters, Washington, D.C. 20260, regional offices, postal data centers, all post offices and other postal installations. (2) "Records": Includes prior and contemporaneous books, papers, reports, maps, photographs, forms or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by the Department or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Government or because of the informational value of data contained therein. Library or museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of the word "records" as used in this regulation. (3) "Opinions and orders": Final Opinions (including Concurring and dissenting Opinions) and Orders rendered by the Postmaster General, the Judicial Officer, Board of Contract Appeals, or other board or official acting on behalf of the Postmaster General in any particular matter. (e) Exemptions. The following classes of records may be withheld from inspection or copying. Records which are: (1) Specifically required by Executive Order to be kept secret in the interest of national defense or foreign policy. For example, the actual geographical location of Army Post Office addresses when classified in the interest of national defense. (2) Related solely to the internal personnel rules, guidelines, and practices of the Department. For example, operating rules, guidelines, and manuals of procedure for postal inspectors. (3) Specifically exempted from disclosure by statute. For example, contents of first-class mail, section 4057, Title 39 U.S. Code. (4) Trade secrets and commercial or financial information and other privileged or confidential information obtained from any person. For example, identity of post office box holders; or confidential financial or proprietary data furnished by a prospective contractor during negotiations for a contract. (5) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the Department. For example, internal drafts and memoranda between officials of the Department and legal memoranda from the General Counsel or Regional Counsel to a Department official. (6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For example, official personnel folders, medical reports and Bureau of Employee Compensation case files, and disciplinary files. (7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. For example, inspection service reports in depredation or similar matters. (8) The names, addresses and telephone numbers of post office box holders shall not be disclosed except to a recognized law enforcement agency or in compliance with a subpoena or court order issued after the litigant has made a showing of special need. (9) Records and related data pertaining to methods of handling valuable registered mail. (10) Data concerning postage meters and prototypes submitted for Department approval prior to leasing to mailers. (11) These regulations do not require the Department to make available records which would disrupt the work of the Department. (12) Records of postal savings accounts, except as provided in § 173.3 of this chapter. However, names of depositors may be disclosed. (13) Records of money orders, except as provided in § 171.4 of this chapter. However, for good cause shown, the General Counsel, after consultation with the head of the cognizant Bureau or Office which has custody and control of the record involved, may permit disclosure of such record, except as may be prohibited by law, executive order or regulation of another Federal agency which is charged with the responsibility for the maintenance and control of such record. § 113.2 Opinions, orders, administrative manuals and instructions to staff. (a) Opinions. All final Opinions (including concurring and dissenting Opinions) and Orders made in the adjudication of cases involving contract appeals under contract with this Department, fraud orders, mailability matters, revocation or denial of second-class mailing privileges, disbarment proceedings, proceedings under Executive Order 11246 (Equal Employment Opportunity), and other matter except in cases or classes of cases which are not required to be made public, are on file and available for inspection and copying in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260, unless otherwise specified. (b) Administrative manuals and instructions to staff. Section 114.2 identifies and describes the various manuals, instructions and other publications and issuances of the Department and indicates how, where and if they may be obtained. Those which are listed, but not available for sale, may be inspected in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260. If copies are desired, they may be obtained by payment therefor in accordance with the Schedule of Fees in § 113.5 of this chapter. (c) Limitations. If it is determined that disclosure of any of the matters in § 113.2 (a) and (b) would constitute an unwarranted invasion of personal privacy, the appropriate official may delete identifying details therefrom either when it is disclosed for inspection or published. (d) Public index. (1) The Department Library maintains a public index which identifies information as to all final Opinions and Orders made in the adjudication of cases; Department policy statements and interpretations not published in the Federal Register; and administrative staff manuals and instructions to staff that affect any member of the public. (2) The index will contain matters issued only after July 4, 1967. However, the Department in its discretion may thereafter include matters which may have occurred prior to July 4, 1967. (3) The public index may be inspected and copies may be purchased from the Department Library General Reference Section, Room 6012, Post Office Department Building, Washington, D.C. 20260, in accordance with the Schedule of Fees in § 113.5. (4) The index shall not contain any matter which the General Counsel has determined should not be disclosed under these regulations. (e) Public availability of matters in the public index. Any matter which is listed in the public index is available to the public subject to the limitation in § 113.2 (c). (1) Any person may make arrangements for the inspection of any matter which is listed in the public index in accordance with the procedures hereinafter specified. (2) Copies of the public index, and to the extent practicable, copies of matters listed in the public index will be provided upon request and payment therefor in accordance with the Schedule of Fees in § 113.5. |