[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1008.47]



[Page 1217-1218]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

          Subpart E_Obligations and Responsibilities of the OIG

 

Sec.  1008.47  Disclosure.



    (a) Advisory opinions issued and released in accordance with the 

provisions set forth in this part will be available to the public.

    (b) Promptly after the issuance and release of an advisory opinion 

to the requestor, a copy of the advisory opinion will be available for 

public inspection between the hours of 10:00 a.m. and 3:00 p.m. on 

normal business days at the headquarter offices of the OIG and on the 

DHHS/OIG web site.

    (c) Any pre-decisional document, or part of such pre-decisional 

document, that is prepared by the OIG, DoJ, or any other Department or 

agency of the United States in connection with an advisory opinion 

request under the procedures set forth in this part generally will be 

exempt from disclosure under 5 U.S.C. 552, and will not be made publicly 

available.

    (d) Documents submitted by the requestor to the OIG in connection 

with a request for an advisory opinion may be available to the public in 

accordance with 5 U.S.C. 552 through procedures set forth in 45 CFR part 

5.

    (e) Nothing in this section will limit the OIG's right, in its 

discretion, to



[[Page 1218]]



issue a press release or otherwise publicly disclose the identity of the 

requesting party or parties, and the nature of the action taken by the 

OIG upon the request.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38326, July 16, 1998]