[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1602.14]



[Page 377]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM 

OF INFORMATION ACT--Table of Contents

 

Sec. 1602.14  Submitter's rights process.



    (a) When the Corporation receives a FOIA request seeking the release 

of a submitter's grant application(s), or portions thereof, the 

Corporation shall provide prompt written notice of the request to the 

submitter in order to afford the submitter with an opportunity to object 

to the disclosure of the requested grant application(s) (or any portion 

thereof). The notice shall reasonably describe the grant application(s), 

or portions thereof, requested and inform the submitter of the process 

required by paragraph (b) of this section.

    (b) If a submitter who has received notice of a request for the 

submitter's grant application(s) desires to object to the disclosure of 

the grant application(s) (or any portion thereof), the submitter must 

identify the information for which disclosure is objected and provide 

LSC with a written detailed statement to that effect. The statement must 

be submitted to the FOIA Officer in the Office of Legal Affairs and must 

specify the grounds for withholding the information under FOIA or this 

Part. In particular, the submitter must demonstrate why the information 

is commercial or financial information that is privileged or 

confidential. The submitter's statement must be provided to LSC within 

seven business days of the date of the notice from the Corporation. If 

the submitter fails to respond to the notice from LSC within that time, 

LSC will deem the submitter to have no objection to the disclosure of 

the information.

    (c) Upon receipt of written objection to disclosure by a submitter, 

LSC shall consider the submitter's objections and specific grounds for 

withholding in deciding whether to release the disputed information. 

Whenever LSC decides to disclose information over the objection of the 

submitter, LSC shall give the submitter written notice which shall 

include:

    (1) A description of the information to be released and a notice 

that LSC intends to release the information;

    (2) A statement of the reason(s) why the submitter's request for 

withholding is being rejected; and

    (3) Notice that the submitter shall have 5 business days from the 

date of the notice of proposed release to appeal that decision to the 

LSC President, whose decision shall be final.

    (d) The requirements of this section shall not apply if:

    (1) LSC determines upon initial review of the requested grant 

application(s), or portions thereof, the requested information should 

not be disclosed;

    (2) The information has been previously published or officially made 

available to the public; or

    (3) Disclosure of the information is required by statute (other than 

FOIA) or LSC regulations.

    (e) Whenever a requester files a lawsuit seeking to compel 

disclosure of a submitter's information, LSC shall promptly notify the 

submitter.

    (f) Whenever LSC provides a submitter with notice and opportunity to 

oppose disclosure under this section, LSC shall notify the requester 

that the submitter's rights process under this section has been 

triggered. Whenever a submitter files a lawsuit seeking to prevent the 

disclosure of the submitter's information, LSC shall notify the 

requester.



[68 FR 7438, Feb. 14, 2003]