[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1206.800]



[Page 67]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table 

of Contents

 

           Subpart 8_Failure to Release Records to the Public

 

Sec. 1206.800  Failure to release records to the public.





    (a) Except to the extent that a person has actual and timely notice 

of the terms thereof, a person may not in any manner be required to 

resort to, or be adversely affected by, a matter required to be 

published in the Federal Register under Sec. 1206.200(a) and not so 

published.

    (b) A final order, opinion, statement of policy, interpretation, or 

staff manual or instruction that affects a member of the public may be 

relied upon, used, or cited as precedent by NASA against any member of 

the public only if it has been indexed and either made available or 

published as provided by Sec. 1206.200(b) or if the member of the 

public has actual and timely notice of the terms thereof.

    (c) Failure to make available an Agency record required to be made 

available under this part could provide the jurisdictional basis for a 

suit against NASA under 5 U.S.C. 552(a)(4) (B) through (G), which 

provides as follows:



    (B) On complaint, the District Court of the United States in the 

district in which the complainant resides, or has his principal place of 

business, or in which the Agency records are situated, or in the 

District of Columbia, has jurisdiction to enjoin the Agency from 

withholding Agency records and to order the production of any Agency 

records improperly withheld from the complainant. In such a case the 

court shall determine the matter de novo, and may examine the contents 

of such Agency records in camera to determine whether such records or 

any part thereof shall be withheld under any of the exemptions set forth 

in subsection (b) of this section, and the burden is on the Agency to 

sustain its action.

    (C) Notwithstanding any other provision of law, the defendant shall 

serve an answer or otherwise plead to any complaint made under this 

subsection within 30 days after service upon the defendant of the 

pleading in which such complaint is made, unless the court otherwise 

directs for good cause shown.

    [(D) Repealed. Pub. L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 

Stat. 3335, 3375.]

    (E) The court may assess against the United States reasonable 

attorney fees and other litigation costs reasonably incurred in any case 

under this section in which the complainant has substantially prevailed.

    (F) Whenever the court orders the production of any Agency records 

improperly withheld from the complainant and assesses against the United 

States reasonable attorney fees and other litigation costs, and the 

court additionally issues a written finding that the circumstances 

surrounding the withholding raise questions whether Agency personnel 

acted arbitrarily or capriciously with respect to the withholding, the 

Special Counsel shall promptly initiate a proceeding to determine 

whether disciplinary action is warranted against the officer or employee 

who was primarily responsible for the withholding. The Special Counsel, 

after investigation and consideration of the evidence submitted, shall 

submit his findings and recommendations to the administrative authority 

of the Agency concerned and shall send copies of the findings and 

recommendations to the officer or employee or his representative. The 

administrative authority shall take the corrective action that the 

Special Counsel recommends.

    (G) In the event of noncompliance with the order of the court, the 

district court may punish for contempt the responsible employee, and in 

the case of a uniformed service, the responsible member.