[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: 34CFR5.13]



[Page 7-8]

 

                           TITLE 34--EDUCATION

 

PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90	23--Table of Contents

 

                  Subpart B_What Records Are Available

 

Sec.  5.13  Records available.



    (a) Publication in the Federal Register. The following shall be 

published in the Federal Register:

    (1) Descriptions of the Department's central and field organization 

and the established places at which, the officers from whom, and the 

methods whereby, the public may secure information, make submittals or 

requests, or obtain decisions;

    (2) Statements of the general course and method by which the 

Department's



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functions are channeled and determined, including the nature and 

requirements of all formal and informal procedures available;

    (3) Rules of procedures, descriptions of forms available or the 

places at which forms may be obtained, and instructions as to the scope 

and contents of all papers, reports, or examinations;

    (4) Substantive rules of general applicability adopted as authorized 

by law, and statements of general policy or interpretations of general 

applicability formulated and adopted by the Department;

    (5) Every amendment, revision, or repeal of the foregoing.

    (b) Agency opinions and orders. The Department shall, in accordance 

with this part and applicable regulations, make available for public 

inspection and copying:

    (1) All final opinions (including concurring and dissenting 

opinions) and all orders made in the adjudication of cases (initial 

decisions and reconsiderations thereof in matters that are not the 

result of administrative proceedings such as hearings or formal appeals 

are not ``opinions and orders in the adjudication of cases'');

    (2) Those statements of policy and interpretations which have been 

adopted by the agency and are not published in the Federal Register;

    (3) Administrative staff manuals and instructions to staff that 

affect any member of the public;



unless such materials are promptly published and copies offered for 

sale.



The Department shall maintain and make available for public inspection 

and copying current indexes providing identifying information for the 

public as to any matter which is issued, adopted, or promulgated after 

July 4, 1967, and which is required by this paragraph (b) to be 

published or made available.

    (c) Availability of records on request. In addition to the records 

made available pursuant to paragraphs (a) and (b) of this section, the 

Department shall, upon request for identifiable records made in 

accordance with this part, make such records available to any person, 

unless it is determined that such records must be withheld from 

disclosure and are exempt under subsection (b) of the Act and subpart F 

of this part.