| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 51 8.7 Committee
response to requests for records. (a) An initial determination whether, and
to what extent, to grant each request for records or a fee waiver shall
be made by the Executive Director within 10 days (excepting Saturdays,
Sundays, and legal public holidays) after receipt of that request. The
person making the request shall be notified as soon as the determination
is made. (b) In making an initial determination whether
and to what extent requested information will be released, the Committee
shall first consider whether the material requested is of a type described
in Sec. 51 8.2(a); if it is, the request shall be granted unless the material
is exempted by Sec. 51 8.2(b). If the material requested is not a type
described in Sec. 51 8.2(a), or is the subject of one or more exemptions,
the request may be denied. (c) If a determination is made to grant a
request, the relevant material shall be furnished as soon as possible
following the determination to grant the request, and after payment of
the fee specified in Sec. 51 8.12 when required, except that copies of
less than 10 pages of material requested in person ordinarily will be
furnished immediately following the determination to grant the request. (d) Where portions of the requested material
are exempt under Sec. 51 8.2(b), and are reasonably segregable from the
remainder of the material, those portions shall be excised from the materials
disclosed. (e) If a determination is made to deny a
request, or a portion thereof, the notification shall include a statement
of the reasons for such action, shall set forth the name and position
of the person responsible for the denial, and shall advise the requester
of the right, and the procedures required under Sec. 51 8.10 to appeal
the denial to the Chairperson. (f) The Committee will require prepayment
of fees for search, review, and reproduction which are likely to exceed
$250.00. When the anticipated total fee exceeds $250.00, the requester
will receive notice to prepay and at the same time will be given an opportunity
to modify his or her request to reduce the fee. The Committee will also
inform the requester that fees for search time will be charged even if
the search proves unsuccessful. The Committee will not start processing
a request until payment is received. (g) Whenever duplication fees or search fees
are anticipated to exceed $25.00, but not more than $250.00 and the requester
has not indicated, in advance, a willingness to pay fees as high as those
anticipated, the Committee will notify the requester of the amount of
the anticipated fee. Similarly, where an extensive and therefore costly
successful search is anticipated, the Committee will notify requesters
of the anticipated fees. The Committee will not start processing the request
until assurance of payment is received. (h) Photocopies and directives furnished
to the public are restricted to one copy of each page. [54
FR 15189, Apr. 17, 1989. Redesignated at 56 FR 48983, Sept. 26, 1991,
and amended at 59 FR 59345, Nov. 16, 1994]
|