[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: 34CFR5.85]



[Page 13-14]

 

                           TITLE 34--EDUCATION

 

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

 

                     Subpart G_Administrative Review

 

Sec.  5.85  Decisions on review.



    (a) Decisions on review shall be in writing within 20 working days 

from receipt of the request for review. Extension of the time limit may 

be granted to the extent that the maximum 10-day limit on extensions has 

not been exhausted on the initial determination.



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Such extension may only be granted for the reasons enumerated in Sec.  

5.51(d).

    (b) The decision, which constitutes final action of the Department, 

if adverse to the requester shall be in writing, stating the reasons for 

the decision, and advising the requester of the right to judicial review 

of such decision.

    (c) Failure to comply with time limits set forth in Sec.  5.51 or in 

this paragraph constitutes an exhaustion of the requester's 

administrative remedies.



                           Appendix to Part 5



[The following are some examples of specific records (or specific 

information relating to personnel, programs, or activities of this 

Department) listed according to whether or not they are available upon 

request for inspection and copying]



------------------------------------------------------------------------

       Generally available                Generally not available

------------------------------------------------------------------------

                                 grants

------------------------------------------------------------------------

Funded initial grant               Research protocol, design,

 applications, subject to           processing, and other technical

 provisions of Sec.   5.71.         information to the extent

Reports of grantee.                 proprietary or of a confidential

Final report of any review or       nature submitted with initial

 evaluation of grantee              applications not yet funded, or

 performance conducted or caused    where disclosure would adversely

 to be conducted by the             affect patent or other valuable

 Department.                        rights.

                                   Confidential financial information of

                                    grantee.

                                   Site visit reports.

Applications for continuation,     Initial research or research training

 renewal, or supplemental grants,   grant application on which award is

 subject to provisions of Sec.      not made.

 5.71.

State plan material.

------------------------------------------------------------------------

                                contracts

------------------------------------------------------------------------

Name of contractor, subject        Trade secrets.

 matter, date, and amount of

 contract.

Contract performance review        Confidential pricing data contained

 report.                            in contract proposal if in the

                                    Department's judgment it is properly

                                    so designated by the offeror.

Deficiency report................  Proprietary technical data contained

                                    in a contract proposal if in the

                                    Department's judgment it is properly

                                    so designated by offeror.

Final report.....................  Confidential financial information of

                                    contractor

                                   Draft of proposed final report

                                    submitted for comment prior to

                                    acceptance.

                                   Research protocol, design,

                                    processing, and other technical

                                    information to the extent

                                    proprietary or of a confidential

                                    nature, including proprietary

                                    contents of unsolicited proposals.

                                   Proposals on which no award is made.

------------------------------------------------------------------------

                           advisory committees

------------------------------------------------------------------------

Name of committee................  Minutes or transcripts of committee

Final report.....................   meetings or portions thereof which

Minutes or transcripts of           are involved with matters exempt

 meetings open to the public and    from mandatory disclosure under

 not involved with matters exempt   Freedom of Information Act.

 from mandatory disclosure under

 Freedom of Information Act.

------------------------------------------------------------------------

                          personnel information

------------------------------------------------------------------------

Name of employee, title of         Home addresses of employees.

 position, and location of

 regular duty station.

Grade, position description, and

 salary of public employees.

------------------------------------------------------------------------

     affirmative action plan filed pursuant to executive order 11246

------------------------------------------------------------------------

Approved action plan, including

 analysis, proposed remedial or

 affirmative steps to be taken

 with goals and timetables,

 policies on recruitment, hiring,

 and promotion, and description

 of grievance procedures.

------------------------------------------------------------------------

                              miscellaneous

------------------------------------------------------------------------

                                   Names of individual beneficiaries of

                                    departmental programs or a list of

                                    the benefits they receive if release

                                    would be an unwarranted invasion of

                                    privacy.

                                   Office for Civil Rights investigatory

                                    files in open cases.

------------------------------------------------------------------------





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