[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.221]

[Page 394-395]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 280--FASTENER QUALITY--Table of Contents
 
                         Subpart C--Enforcement
 
Sec. 280.221  Record for decision and availability of documents.

    (a) General. The transcript of hearings, exhibits, rulings, orders, 
all papers and requests filed in the proceedings and, for purposes of 
any appeal under Sec. 280.222 of this part, the decision of the 
administrative law judge

[[Page 395]]

and such submissions as are provided for by Sec. 280.623 of this part, 
will constitute the record and the exclusive basis for decision. When a 
case is settled after the service of a charging letter, the record will 
consist of any and all of the foregoing, as well as the settlement 
agreement and the order. When a case is settled before service of a 
charging letter, the record will consist of the proposed charging 
letter, the settlement agreement and the order.
    (b) Restricted access. On the administrative law judge's own motion, 
or on the motion of any party, the administrative law judge may direct 
that there be a restricted access portion of the record for any material 
in the record to which public access is restricted by law or by the 
terms of a protective order entered in the proceedings. A party seeking 
to restrict access to any portion of the record is responsible for 
submitting, at the time specified in paragraph (c)(2) of this section, a 
version of the document proposed for public availability that reflects 
the requested deletion. The restricted access portion of the record will 
be placed in a separate file and the file will be clearly marked to 
avoid improper disclosure and to identify it as a portion of the 
official record in the proceedings. The administrative law judge may act 
at any time to permit material that becomes declassified or unrestricted 
through passage of time to be transferred to the unrestricted access 
portion of the record.
    (c) Availability of documents--(1) Scope. All charging letters, 
answers, initial decisions, and orders disposing of a case will be made 
available for public inspection in the BXA Freedom of Information 
Records Inspection Facility, U.S. Department of Commerce, Room H-6624, 
14th Street and Pennsylvania Avenue, NW, Washington, DC 20230. The 
complete record for decision, as defined in paragraphs (a) and (b) of 
this section will be made available on request.
    (2) Timing. Documents are available immediately upon filing, except 
for any portion of the record for which a request for segregation is 
made. Parties that seek to restrict access to any portion of the record 
under paragraph (b) of this section must make such a request, together 
with the reasons supporting the claim of confidentiality, simultaneously 
with the submission of material for the record.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 
39803, June 28, 2000]