[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR719.20]

[Page 189]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 719--ENFORCEMENT--Table of Contents
 
Sec. 719.20  Record for decision.

    (a) The record. The transcript of hearings, exhibits, rulings, 
orders, all papers and requests filed in the proceedings, and, for 
purposes of any appeal under Sec. 719.18 or under 22 CFR 103.8, the 
decision of the ALJ and such submissions as are provided for under 
Sec. 719.18 or 22 CFR 103.8 will constitute the record and the exclusive 
basis for decision. When a case is settled, the record will consist of 
any and all of the foregoing, as well as the NOVA or draft NOVA, 
settlement agreement, and order.
    (b) Restricted access. On the ALJ's own motion, or on the motion of 
any party, the ALJ 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, prior to the close of the proceeding, for 
submitting a version of the document(s) 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 ALJ 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 NOVAs and draft NOVAs, 
answers, settlement agreements, 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, N.W., Washington, D.C. 
20230. The complete record for decision, as defined in paragraphs (a) 
and (b) of this section will be made available on request.
    (2) Timing. The record for decision will be available only after the 
final administrative disposition of a case. Parties may seek to restrict 
access to any portion of the record under paragraph (b) of this section.