[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR766.20]

[Page 537-538]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 766_ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec.  766.20  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.  766.21 of this part or review under Sec.  766.22 
of this part, the decision of the administrative law judge and such 
submissions as are provided for by Sec. Sec.  766.21 and 766.22 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 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 Sec.  766.20(c)(2) of this part, 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. (i) For proceedings 
started on or after October 12, 1979, all charging letters, answers, 
initial and recommended decisions, and orders disposing of a case will 
be made available for public inspection in the BIS 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. In addition, 
all decisions of the Under Secretary on appeal pursuant to Sec.  766.22 
of this part and those final orders providing for denial, suspension or 
revocation of export privileges shall be published in the Federal 
Register.
    (ii) For proceedings started before October 12, 1979, the public 
availability of the record for decision will be governed by the 
applicable regulations in effect when the proceedings were begun.
    (2) Timing--(i) Antiboycott cases. For matters relating to part 760 
of the

[[Page 538]]

EAR, 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.
    (ii) Other cases. In all other cases, documents will be available 
only after the final administrative disposition of the case. In these 
cases, parties desiring to restrict access to any portion of the record 
under paragraph (b) of this section must assert their claim of 
confidentiality, together with the reasons for supporting the claim, 
before the close of the proceeding.