[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR13.11]



[Page 69]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 13_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY 

PROCEEDINGS--Table of Contents

 

             Subpart B_Information Required from Applicants

 

Sec.  13.11  Net worth exhibits.



    (a) Each applicant must provide with its application a detailed 

exhibit showing the net worth of the applicant and any affiliates (as 

defined in Sec.  13.4(f) of this part) when the proceeding was 

initiated. This requirement does not apply to a qualified tax-exempt 

organization or cooperative association. Nor does it apply to a party 

that states that it is applying for an award solely on the basis stated 

in Sec.  13.5(c) of this part. If any individual, corporation, or other 

entity directly or indirectly controls or owns a majority of the voting 

shares or other interest of the applicant, or if the applicant directly 

or indirectly owns or controls a majority of the voting shares or other 

interest of any corporation or other entity, the exhibit must include a 

showing of the net worth of all such affiliates or of the applicant 

including the affiliates. The exhibit may be in any form convenient to 

the applicant that provides full disclosure of the applicant's and its 

affiliates' assets and liabilities and is sufficient to determine 

whether the applicant qualifies under the standards in this part. The 

adjudicative officer may require an applicant to file additional 

information to determine its eligibility for an award.

    (b) The net worth exhibit shall describe any transfers of assets 

from, or obligations incurred by, the applicant or any affiliate, 

occurring in the one year period prior to the date on which the 

proceeding was initiated, that reduced the net worth of the applicant 

and its affiliates below the applicable net worth ceiling. If there were 

no such transactions, the applicant shall so state.

    (c) Ordinarily, the net worth exhibit will be included in the public 

record of the proceeding. However, an applicant that objects to public 

disclosure of information in any portion of the exhibit and believes 

there are legal grounds for withholding it from disclosure may submit 

that portion of the exhibit directly to the adjudicative officer in a 

sealed envelope labeled ``Confidential Financial Information,'' 

accompanied by a motion to withhold the information from public 

disclosure. The motion shall describe the information sought to be 

withheld and explain, in detail, why it falls within one or more of the 

specific exemptions from mandatory disclosure under the Freedom of 

Information Act, 5 U.S.C. 552(b)(1)-(9), why public disclosure of the 

information would adversely affect the applicant, and why disclosure is 

not required in the public interest. The material in question shall be 

served on counsel representing the agency against which the applicant 

seeks an award, but need not be served on any other party to the 

proceeding. If the adjudicative officer finds that the information 

should not be withheld from disclosure, it shall be placed in the public 

record of the proceeding. Otherwise, the officer will omit the material 

from the public record. In that case, any decision regarding disclosure 

of the material (whether in response to a request from an agency or 

person outside the Department or on the Department's own initiative) 

will be made in accordance with applicable statutes and Department rules 

and procedures for commercial and financial records which the submitter 

claims are confidential or privileged. In particular, this regulation is 

not a basis for a promise or obligation of confidentiality.



(Approved by the Office of Management and Budget under control number 

0990-0118)



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]