[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1703.3]

[Page 308-309]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
     CHAPTER VII--ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
 
PART 1703--PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS--Table of Contents
 
          Subpart A--Freedom of Information Act Implementation
 
Sec. 1703.3  Requests for records.

    (a) It is the policy of the Commission to make records and documents 
in its possession available to the public to the greatest extent 
possible. All records of the Commission are available for public 
inspection and copying in accordance with this section except those 
records or portions of records as to which the Director or his designee 
specifically determines that:
    (1) They fall within a particular exemption in section 552(b) of the 
Freedom of Information Act and
    (2) Disclosure would not be consistent with the national interest, 
the protection of private rights or the efficient conduct of Commission 
business.
    (b) A request for records, other than for documents which are 
published in the Federal Register or available for sale or distribution 
as described in Sec. 1703.2, shall be made in writing and directed to 
the Executive Director, Advisory Commission on Intergovernmental 
Relations, 1111 20th Street, NW., Washington, DC 20575. Such request 
shall be clearly marked ``Freedom of Information Request'' or 
``Information Request'' and shall reasonably describe the record 
requested. The staff of the Commission will make reasonable efforts to 
assist a requester in formulating his request. Nothing in this section 
shall preclude staff of the ACIR from complying with oral, unmarked, or 
generally stated requests for information and documents.
    (c) The Executive Director or his designee shall, within ten working 
days after its receipt, either comply with or deny a request for 
records, provided that when additional time is required because of:
    (1) A need to search for, collect and examine a voluminous amount of 
separate and distinct records demanded in a single request, or (2) a 
need for consultation with another agency having a substantial interest 
in the determination of the request, the time limit for disposing of the 
request may be extended for up to ten additional working days by a 
written notice to the requester setting forth the reasons for and the 
anticipated length of the delay.
    (d)(1) Where it appears to the Executive Director or his designee 
that fees

[[Page 309]]

chargeable under Sec. 1703.6 of this regulation for compliance with the 
request will exceed $25, and the requester has not indicated in advance 
his willingness to pay fees as high as are anticipated, the requester 
shall be promptly notified of the amount of the anticipated fee or such 
portion thereof as can readily be estimated. In such cases, a request 
will not be deemed to have been received until the requester is notified 
of the anticipated cost and agrees to bear it. The notification shall 
offer the requester the opportunity to confer with Commission personnel 
with the object of reformulating the request so as to meet his needs at 
lower cost.
    (2) Where the anticipated fee chargeable under this part exceeds 
$50, an advance deposit of 25% of the anticipated fee or $25, whichever 
is greater, may be required. Where a requester has previously failed to 
pay a fee under this part, an advance deposit of the full amount of the 
anticipated fee may be required.
    (e) The requester will be notified promptly of the determination 
made pursuant to paragraph (c) of this section. If the determination is 
to release the requested record, such record shall promptly be made 
available. If the determination is not to release the record, the person 
making the request shall, at the same time he is notified of such 
determination, be notified of:
    (1) The reason for the determination;
    (2) The name and title or position of each person responsible for 
the denial of the request; and
    (3) His right to seek judicial review of such determination pursuant 
to the provisions of the Freedom of Information Act, 5 U.S.C. 552(a)(4).