[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR21.32]



[Page 43-44]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

               Subpart D_How Does One Apply for an Award?

 

Sec.  21.32  Confidentiality of information about net worth.



    (a) In a proceeding on an application, the public record ordinarily 

includes the information showing the net worth of the applicant.

    (b) However, if an applicant objects to public disclosure of any 

portion of the information and believes there are legal grounds for 

withholding it from disclosure, the applicant may submit directly to the 

adjudicative officer--

    (1) The information the applicant wishes withheld in a sealed 

envelope labeled ``Confidential Financial Information;'' and

    (2) A motion to withhold the information from public disclosure.



[[Page 44]]



    (c) The motion must--

    (1) Describe the information the applicant is requesting be 

withheld; and

    (2) Explain in detail--

    (i) Why that information falls within one or more of the specific 

exemptions from mandatory disclosure under the Freedom of Information 

Act;

    (ii) Why public disclosure of the information would adversely affect 

the applicant; and

    (iii) Why disclosure is not required in the public interest.

    (d)(1) The applicant shall serve on Department's counsel a copy of 

the material referred to in paragraph (c) of this section.

    (2) The applicant is not required to give a copy of that material to 

any other party to the proceeding.

    (e)(1) If the adjudicative officer finds that the information should 

not be withheld from public disclosure, the information is placed in the 

public record of the proceeding.

    (2) If the adjudicative officer finds that the information should be 

withheld from public disclosure, any request to inspect or copy the 

information is treated in accordance with the Department's established 

procedures under the Freedom of Information Act (34 CFR part 5).



(Authority: 5 U.S.C. 504(c)(1))