[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1602.14]

[Page 377]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF 
 
Sec.  1602.14  Submitter's rights process.

    (a) When the Corporation receives a FOIA request seeking the release 
of a submitter's grant application(s), or portions thereof, the 
Corporation shall provide prompt written notice of the request to the 
submitter in order to afford the submitter with an opportunity to object 
to the disclosure of the requested grant application(s) (or any portion 
thereof). The notice shall reasonably describe the grant application(s), 
or portions thereof, requested and inform the submitter of the process 
required by paragraph (b) of this section.
    (b) If a submitter who has received notice of a request for the 
submitter's grant application(s) desires to object to the disclosure of 
the grant application(s) (or any portion thereof), the submitter must 
identify the information for which disclosure is objected and provide 
LSC with a written detailed statement to that effect. The statement must 
be submitted to the FOIA Officer in the Office of Legal Affairs and must 
specify the grounds for withholding the information under FOIA or this 
Part. In particular, the submitter must demonstrate why the information 
is commercial or financial information that is privileged or 
confidential. The submitter's statement must be provided to LSC within 
seven business days of the date of the notice from the Corporation. If 
the submitter fails to respond to the notice from LSC within that time, 
LSC will deem the submitter to have no objection to the disclosure of 
the information.
    (c) Upon receipt of written objection to disclosure by a submitter, 
LSC shall consider the submitter's objections and specific grounds for 
withholding in deciding whether to release the disputed information. 
Whenever LSC decides to disclose information over the objection of the 
submitter, LSC shall give the submitter written notice which shall 
include:
    (1) A description of the information to be released and a notice 
that LSC intends to release the information;
    (2) A statement of the reason(s) why the submitter's request for 
withholding is being rejected; and
    (3) Notice that the submitter shall have 5 business days from the 
date of the notice of proposed release to appeal that decision to the 
LSC President, whose decision shall be final.
    (d) The requirements of this section shall not apply if:
    (1) LSC determines upon initial review of the requested grant 
application(s), or portions thereof, the requested information should 
not be disclosed;
    (2) The information has been previously published or officially made 
available to the public; or
    (3) Disclosure of the information is required by statute (other than 
FOIA) or LSC regulations.
    (e) Whenever a requester files a lawsuit seeking to compel 
disclosure of a submitter's information, LSC shall promptly notify the 
submitter.
    (f) Whenever LSC provides a submitter with notice and opportunity to 
oppose disclosure under this section, LSC shall notify the requester 
that the submitter's rights process under this section has been 
triggered. Whenever a submitter files a lawsuit seeking to prevent the 
disclosure of the submitter's information, LSC shall notify the 
requester.

[68 FR 7438, Feb. 14, 2003]