[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1120.37]

[Page 273-274]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1120--PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
 
              Subpart D--Information Available Upon Request
 
Sec. 1120.37  A&TBCB action on appeals.

    (a) The General Counsel must make one of the following legal 
determinations in connection with every appeal from the initial denial 
of a request for an existing, located record:
    (1) The record must be disclosed;
    (2) The record must not be disclosed because a statute or a 
provision of this part so requires; or
    (3) The record is exempt from mandatory disclosure but legally may 
be disclosed as a matter of agency discretion.
    (b) Whenever the General Counsel has determined under paragraph 
(a)(3) of this section that a record is exempt from mandatory disclosure 
but legally may be disclosed, the matter must be referred to the 
Executive Director. If the Executive Director determines that an 
important purpose would be served by withholding the record, the General 
Counsel shall issue a determination denying the appeal. If the Executive 
Director determines that no important purpose would be served by 
withholding the record, the General Counsel must disclose the record.
    (c) The General Counsel may delegate his or her authority under this 
section to any other attorney employed by the A&TBCB in connection

[[Page 274]]

with any cateogory of appeals or any individual appeals.
    (d) A determination denying an appeal from an initial denial must--
    (1) Be in writing;
    (2) State which of the exemptions in 5 U.S.C. 552(b) apply to each 
requested existing record;
    (3) State the reason(s) for denial of the appeal;
    (4) State the name and position of each A&TBCB officer or employee 
who directed that the appeal be denied; and
    (5) State that the person whose request was denied may obtain de 
novo judicial review of the denial by complaint filed with the district 
court of the United States in the district in which the complainant 
resides, or in which the agency records are situated, or in the District 
of Columbia, pursuant to 5 U.S.C. 552(a)(4).