[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: 45CFR17.4]



[Page 82]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 17_RELEASE OF ADVERSE INFORMATION TO NEWS MEDIA--Table of Contents

 

Sec.  17.4  Regulatory investigations and trial-type proceedings.



    Adverse information relating to regulatory investigations of 

specifically identified persons or organizations or to pending agency 

trial-type proceedings shall be released only in limited circumstances 

in accordance with the criteria outlined below:

    (a) Where the Department or a principal operating component 

determines that there is a significant risk that the public health or 

safety may be impaired or substantial economic harm may occur unless the 

public is notified immediately, it may release information to news media 

as one of the means of notifying the affected public speedily and 

accurately. However, where the Department or principal operating 

component determines that public harm can be avoided by immediate 

discontinuance of an offending practice, a respondent shall be allowed 

an opportunity, where feasible, to cease the practice (pending a legal 

test) in lieu of release of adverse information by the agency.

    (b) Where it is required in order to bring notice of pending agency 

adjudication to persons likely to desire to participate therein or 

likely to be affected by that or a related adjudication, the Department 

or principal operating component shall rely on the news media to the 

extent necessary to provide such notice even though it may be adverse to 

a respondent.