[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1610.1]

[Page 243-244]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1610_AVAILABILITY OF RECORDS--Table of Contents
 
          Subpart A_Production or Disclosure Under 5 U.S.C. 552
 
Sec.  1610.1  Definitions.




          Subpart A_Production or Disclosure Under 5 U.S.C. 552

Sec.
1610.1 Definitions.
1610.2 Statutory requirements.
1610.3 Purpose and scope.
1610.4 Public reference facilities and current index.
1610.5 Request for records.
1610.6 Records of other agencies.
1610.7 Where to make request; form.
1610.8 Authority to determine.
1610.9 Responses: timing.
1610.10 Responses: form and content.
1610.11 Appeals to the Legal Counsel from initial denials.
1610.13 Maintenance of files.
1610.14 Waiver of user charges.
1610.15 Schedule of fees and method of payment for services rendered.
1610.16 Payment of fees.
1610.17 Exemptions.
1610.18 Information to be disclosed.
1610.19 Predisclosure notification procedures for confidential 
          commercial information.
1610.20 Deletion of exempted matters.
1610.21 Annual report.

  Subpart B_Production in Response to Subpenas or Demands of Courts or 
                            Other Authorities

1610.30 Purpose and scope.
1610.32 Production prohibited unless approved by the Legal Counsel.
1610.34 Procedure in the event of a demand for production or disclosure.
1610.36 Procedure in the event of an adverse ruling.

    Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by Pub. L. 
93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec.  1610.15, 
nonsearch or copy portions are issued under 31 U.S.C. 9701.



    (a) Title VII refers to title VII of the Civil Rights Act of 1964, 
as amended by Public Law 92-261, 42 U.S.C. (Supp. II) 2000e et seq.
    (b) Commission refers to the Equal Employment Opportunity 
Commission.
    (c) Freedom of Information Act refers to 5 U.S.C. 552 (Pub. L. 90-23 
as amended by Pub. L. 93-502).

[[Page 244]]

    (d) Commercial use refers to a use or purpose by the requester of 
information for the information that furthers the requester's 
commercial, trade or profit interests. Requests for charge files by 
profit-making entities, other than educational and noncommercial 
scientific institutions and representatives of the new media, shall be 
considered for commercial use unless the request demonstrates a 
noncommercial use.
    (e) Direct costs refers to those expenses that EEOC actually incurs 
in searching for and duplicating (and, in the case of commercial 
requesters, reviewing) records to respond to a request. Direct costs 
include, for example, the salary of the employee performing the work 
(the basic rate of pay for the employee plus 16 percent of that rate to 
cover benefits) and the cost of operating duplicating machinery. Not 
included in direct costs are overhead expenses such as costs of space 
and heating or lighting of the facility in which the records are stored.
    (f) Search refers to the time spent looking for and retrieving 
material that is responsive to a request. It includes page-by-page or 
line-by-line identification of information within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic formats. EEOC employees should ensure 
that searching for materials is done in the most efficient and least 
expensive manner reasonably possible. For example, employees shall not 
search line-by-line when merely duplicating a document would be quicker 
and less expensive.
    (g) Duplication refers to the process of making a copy of a record 
or document necessary to respond to a FOIA request. Such copies can take 
the form of paper copy, microform, audio-visual materials, electronic 
formats (for example magnetic tape or disk), among others. Employees 
shall honor a requester's specified preference of format of disclosure 
if the record is readily reproducible with reasonable efforts in the 
requested format by the office responding to the request.
    (h) Attestation refers to the authentication of copies of Commission 
documents by an affidavit or unsworn declaration from the records 
custodian without the Commission Seal.
    (i) Certification refers to the authentication of copies of 
Commission documents by an affidavit or unsworn declaration from the 
records custodian under the Commission Seal.

[40 FR 8171, Feb. 26, 1975, as amended at 52 FR 13830, Apr. 27, 1987; 70 
FR 57511, Oct. 3, 2005]