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[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1610]
[Page 231-241]
TITLE 29--LABOR
CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PART 1610--AVAILABILITY OF RECORDS
Subpart A--Production or Disclosure Under 5 U.S.C. 552
Sec.
1610.1 Definitions.
1610.2 Statutory requirements.
1610.3 Purpose and scope.
1610.4 Public reference facilities and current index.
1610.5 Request for records.
1610.6 Records of other agencies.
1610.7 Where to make request; form.
1610.8 Authority to determine.
1610.9 Responses: timing.
1610.10 Responses: form and content.
1610.11 Appeals to the Legal Counsel from initial denials.
1610.13 Maintenance of files.
1610.14 Waiver of user charges.
1610.15 Schedule of fees and method of payment for services rendered.
1610.16 Payment of fees.
1610.17 Exemptions.
1610.18 Information to be disclosed.
1610.19 Predisclosure notification procedures for confidential
commercial information.
1610.20 Deletion of exempted matters.
1610.21 Annual report.
Subpart B--Production in Response to Subpenas or Demands of Courts or
Other Authorities
1610.30 Purpose and scope.
1610.32 Production prohibited unless approved by the Legal Counsel.
1610.34 Procedure in the event of a demand for production or
disclosure.
1610.36 Procedure in the event of an adverse ruling.
Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by Pub.
L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec. 1610.15,
nonsearch or copy portions are issued under 31 U.S.C. 9701.
Subpart A--Production or Disclosure Under 5 U.S.C. 552
Sec. 1610.1 Definitions.
(a) Title VII refers to title VII of the Civil Rights Act of 1964,
as amended by Public Law 92-261, 42 U.S.C. (Supp. II) 2000e et seq.
(b) Commission refers to the Equal Employment Opportunity
Commission.
(c) Freedom of Information Act refers to 5 U.S.C. 552 (Pub. L. 90-23
as amended by Pub. L. 93-502).
(d) Commercial use refers to a use or purpose by the requester of
information for the information that furthers the requester's
commercial, trade or profit interests. Requests for charge files by
profit-making entities, other than educational and noncommercial
scientific institutions and representatives of the new media, shall be
considered for commercial use unless the request demonstrates a
noncommercial use.
[40 FR 8171, Feb. 26, 1975, as amended at 52 FR 13830, Apr. 27, 1987]
Sec. 1610.2 Statutory requirements.
5 U.S.C. 552(a)(3) requires each Agency, upon request for reasonably
described records made in accordance with published rules stating the
time, place, fees, if any, and procedure to be followed, to make such
records promptly available to any person. 5 U.S.C. 552(b) exempts
specified classes of records from the public access requirements of 5
U.S.C. 552(a) and permits them to be withheld.
[40 FR 8171, Feb. 26, 1975]
Sec. 1610.3 Purpose and scope.
This subpart contains the regulations of the Equal Employment
Opportunity Commission implementing 5 U.S.C. 552. The regulations of
this subpart provide information concerning the procedures by which
records may be obtained from all organizational units within the
Commission. Official records of the Commission made available pursuant
to the requirements of 5 U.S.C. 552 shall be furnished to members of the
public only as prescribed by this subpart. Officers and employees of the
Commission may continue to furnish to the public, informally and without
compliance with the procedures prescribed herein, information and
records which prior to the enactment of 5 U.S.C. 552 were furnished
customarily in the regular performance of their duties. To the extent
that it is not prohibited by other laws, the Commission also will make
available records which it is authorized to withhold under 5 U.S.C. 552
whenever it determines that such disclosure is in the public interest.
[[Page 232]]
Sec. 1610.4 Public reference facilities and current index.
(a) The Commission will maintain in a public reading area located in
the Commission's library at 1801 L Street NW., Washington DC 20507, the
materials which are required by 5 U.S.C. 552(a)(2) and 552(a)(5) to be
made available for public inspection and copying. Any such materials
created on or after November 1, 1996 may also be accessed through the
Internet at EEOC's World Wide Web site at http:www.eeoc.gov. The
Commission will maintain and make available for public inspection and
copying in this public reading area a current index providing
identifying information for the public as to any matter which is issued,
adopted, or promulgated after July 4, 1967, and which is required to be
indexed by 5 U.S.C. 552(a)(2). The Commission in its discretion may,
however, include precedential materials issued, adopted, or promulgated
prior to July 4, 1967. The Commission will also maintain on file in this
public reading area all material published by the Commission in the
Federal Register and currently in effect.
(b) Each of the Commission's field offices listed in paragraph (c)
of this section, including the District Offices, the Washington Field
Office, the Area Offices and the Local Offices, shall maintain and make
available for public inspection and copying a copy of:
(1) The Commission's notices and regulatory amendments which are not
yet or have never been published in the Code of Federal Regulations,
(2) The Commission's annual reports,
(3) The Commission's Compliance Manual,
(4) Blank forms relating to the Commission's procedures as they
affect the public,
(5) The Commission's Orders (agency directives), and
(6) ``CCH Equal Employment Opportunity Commission Decisions'' (1973)
and Employment Practices Guide (vol. 2), published by Commerce Clearing
House, Inc.
(c) The Commission's field offices are:
Albuquerque Area Office (Phoenix District), 505 Marquette, NW, Suite
900, Albuquerque, NM 87102.
Atlanta District Office, 100 Alabama Street, SW, Suite 4R30, Atlanta, GA
30303.
Baltimore District Office, City Crescent Building, 10 South Howard
Street, 3rd Floor, Baltimore, MD 21201.
Birmingham District Office, 1900 3rd Avenue, North, Suite 101,
Birmingham, AL 35203-2397.
Boston Area Office (New York District), 1 Congress Street, 10th Floor,
Room 1001, Boston, MA 02114.
Buffalo Local Office (New York District), 6 Fountain Plaza, Suite 350,
Buffalo, NY 14202.
Charlotte District Office, 129 West Trade Street, Suite 400, Charlotte,
NC 28202.
Chicago District Office, 500 West Madison Street, Suite 2800, Chicago,
IL 60661.
Cincinnati Area Office (Cleveland District), 525 Vine Street, Suite 810,
Cincinnati, OH 45202-3122.
Cleveland District Office, 1660 West Second Street, Suite 850,
Cleveland, OH 44113-1454.
Dallas District Office, 207 S. Houston Street, 3rd Floor, Dallas, TX
75202-4726.
Denver District Office, 303 E. 17th Avenue, Suite 510, Denver, CO 80203.
Detroit District Office, 477 Michigan Avenue, Room 865, Detroit, MI
48226-9704.
El Paso Area Office (San Antonio District), The Commons, Building C,
Suite 100, 4171 N. Mesa Street, El Paso, TX 79902.
Fresno Local Office (San Francisco District), 1265 West Shaw Avenue,
Suite 103, Fresno, CA 93711.
Greensboro Local Office (Charlotte District), 801 Summit Avenue,
Greensboro, NC 27405-7813.
Greenville Local Office (Charlotte District), Wachovia Building, 15
South Main Street, Suite 530, Greenville, SC 29601.
Honolulu Local Office (San Francisco District), 300 Ala Moana Boulevard,
Room 7123-A, PO Box 50082, Honolulu, HI 96850-0051.
Houston District Office, 1919 Smith Street, 7th Floor, Houston, TX
77002.
Indianapolis District Office, 101 West Ohio Street, Suite 1900,
Indianapolis, IN 46204-4203.
Jackson Area Office (Birmingham District), 207 West Amite Street,
Jackson, MS 39201.
Kansas City Area Office (St. Louis District), 400 State Avenue, Suite
905, Kansas City, KS 66101.
Little Rock Area Office (Memphis District), 425 West Capitol Avenue,
Suite 625, Little Rock, AR 72201.
Los Angeles District Office, 255 E. Temple Street, 4th Floor, Los
Angeles, CA 90012.
Louisville Area Office (Indianapolis District), 600 Dr. Martin Luther
King Jr. Place, Suite 268, Louisville, KY 40202.
Memphis District Office, 1407 Union Avenue, Suite 621, Memphis, TN
38104.
[[Page 233]]
Miami District Office, One Biscayne Tower, 2 South Biscayne Boulevard,
Suite 2700, Miami, FL 33131.
Milwaukee District Office, 310 West Wisconsin Avenue, Suite 800,
Milwaukee, WI 53203-2292.
Minneapolis Area Office (Milwaukee District), 330 South Second Avenue,
Suite 430, Minneapolis, MN 55402-2224.
Nashville Area Office (Memphis District), 50 Vantage Way, Suite 202,
Nashville, TN 37228-9940.
Newark Area Office (Philadelphia District), 1 Newark Center, 21st Floor,
Newark, NJ 07102-5233.
New Orleans District Office, 701 Loyola Avenue, Suite 600, New Orleans,
LA 70113-9936.
New York District Office, 7 World Trade Center, 18th Floor, New York, NY
10048-1102.
Norfolk Area Office (Baltimore District), World Trade Center, 101 South
Main Street, Suite 4300, Norfolk, VA 23510.
Oakland Local Office (San Francisco District), 1301 Clay Street, Suite
1170-N, Oakland, CA 94612-5217.
Oklahoma Area Office (Dallas District), 210 Park Avenue, Suite 1350,
Oklahoma City, OK 73102.
Philadelphia District Office, 21 South 5th Street, Suite 400,
Philadelphia, PA 19106-2515.
Phoenix District Office, 3300 N. Central Avenue, Suite 690, Phoenix, AZ
85012-2504.
Pittsburgh Area Office (Philadelphia District), 1001 Liberty Avenue,
Suite 300, Pittsburgh, PA 15222-4187.
Raleigh Area Office (Charlotte District), 1309 Annapolis Drive, Raleigh,
NC 27608-2129.
Richmond Area Office (Baltimore District), 3600 West Broad Street, Room
229, Richmond, VA 23230.
San Antonio District Office, 5410 Fredericksburg Road, Suite 200, San
Antonio, TX 78229-3555.
San Diego Area Office (Los Angeles District), 401 B Street, Suite 1550,
San Diego, CA 92101.
San Francisco District Office, 901 Market Street, Suite 500, San
Francisco, CA 94103.
San Jose Local Office (San Francisco District), 96 North 3rd Street,
Suite 200, San Jose, CA 95112.
Savannah Local Office (Atlanta District), 410 Mall Boulevard, Suite G,
Savannah, GA 31406-4821.
Seattle District Office, Federal Office Building, 909 First Avenue,
Suite 400, Seattle, WA 98104-1061.
St. Louis District Office, Robert A. Young Building, 1222 Spruce Street,
Room 8.100, St. Louis, MO 63103.
Tampa Area Office (Miami District), 501 East Polk Street, Room 1020,
Tampa, FL 33602.
Washington Field Office (Baltimore District), 1400 L Street, NW, Suite
200, Washington, DC 20005.
[40 FR 8171, Feb. 26, 1975, as amended at 45 FR 40603, June 16, 1980; 49
FR 13024, Apr. 2, 1984; 54 FR 32061, Aug. 4, 1989; 56 FR 29578, June 28,
1991; 63 FR 1341, Jan. 9, 1998]
Sec. 1610.5 Request for records.
(a) A written request for inspection or copying of a record of the
Commission may be presented in person or by mail to the Commission
employee designated in Sec. 1610.7. Requests must be presented during
business hours on any workday.
(b) Each request must contain information which reasonably describes
the records sought and, when known, should contain a name, date, subject
matter and location for the record requested in order to permit the
record to be promptly located.
(c) Where a request is not considered reasonably descriptive or
requires the production of voluminous records, or necessitates the
utilization of a considerable number of work hours to the detriment of
the business of the Commission, the Commission may require the person
making the request or such person's agent to confer with a Commission
representative in order to attempt to verify the scope of the request
and, if possible, narrow such request.
[40 FR 8171, Feb. 26, 1975, as amended at 56 FR 29578, June 28, 1991; 63
FR 1341, Jan. 9, 1998]
Sec. 1610.6 Records of other agencies.
Requests for records that originated in another Agency and are in
the custody of the Commission will be coordinated in appropriate
circumstances with that Agency and the person submitting the request
shall be so notified. The decision made by that Agency with respect to
such records will be honored by the Commission.
[45 FR 40604, June 16, 1980]
Sec. 1610.7 Where to make request; form.
(a) Requests for the following types of records shall be submitted
to the regional attorney for the pertinent district, area or local
office, at the district office address listed in Sec. 1610.4(c) or, in
the case of the Washington Field
[[Page 234]]
Office, shall be submitted to the regional attorney in the Baltimore
District Office at the address listed in Sec. 1610.4(c):
(1) Information about current or former employees of a field office;
(2) Existing non-confidential statistical data related to the case
processing of a field office;
(3) Agreements between the Commission and State or local fair
employment agencies operating within the jurisdiction of a field office;
or
(4) Materials in field office investigative files related to charges
under: Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq); the Equal Pay Act (29 U.S.C. 206(d)); the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.); or, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) A request for any record which does not fall within the ambit of
subparagraph (a) of this section, or a request for any record the
location of which is unknown to the person making the request, shall be
submitted in writing to the Legal Counsel, Equal Employment Opportunity
Commission, 1801 L Street NW., Washington DC 20507.
(c) A request must be clearly and prominently defined as a request
for information under the Freedom of Information Act. If submitted by
mail, or otherwise submitted under any cover, the envelope or other
cover must be similarly identified.
(d) When a request is one which by nature should properly be
directed to the Legal Counsel, or a regional attorney, such request
shall not be deemed to have been received by the Commission until the
time it is actually received by the appropriate official.
(e) Any Commission official who receives a written Freedom of
Information request shall promptly forward it to the appropriate
official specified in paragraph (a) or (b) of this section. Any
Commission official who receives an oral request under the Freedom of
Information Act shall inform the other person making the request that it
must be in writing and also inform such person of the provisions of this
subpart.
[45 FR 40604, June 16, 1980, as amended at 47 FR 46275, Oct. 18, 1982;
52 FR 4902, Feb. 18, 1987; 54 FR 32062, Aug. 4, 1989; 56 FR 29578, June
28, 1991]
Sec. 1610.8 Authority to determine.
The Legal Counsel's designee, the regional attorney, or the regional
attorney's designee, when receiving a request pursuant to these
regulations, shall grant or deny each such request. That decision shall
be final, subject only to administrative review as provided in
Sec. 1610.11 of this subpart.
[63 FR 1341, Jan. 9, 1998]
Sec. 1610.9 Responses: timing.
(a) The Legal Counsel's designee, the regional attorney, or the
regional attorney's designee shall either grant or deny a request for
records within 20 working days after receipt of the request unless
additional time is required for one of the following reasons:
(1) It is necessary to search for and collect the requested records
from field facilities or other establishments that are separate from the
office processing the request;
(2) It is necessary to search for, collect, and appropriately
examine a voluminous amount of separate and distinct records which are
demanded in a single request; or
(3) If it is necessary to consult with another agency having a
substantial interest in the determination of the request or among two or
more components of the agency having substantial subject-matter interest
therein.
(b) When additional time is required for one of the reasons stated
in paragraph (a) of this section the Legal Counsel's designee, the
regional attorney, or the regional attorney's designee, shall
acknowledge receipt of the request within the 20 day period and include
a brief notation of the reason for the delay and an indication of the
date on which it is expected that a determination as to disclosure will
be forthcoming. If more than 10 working additional days are needed, the
requester shall be notified and provided an opportunity to limit the
scope of the request
[[Page 235]]
or to arrange for an alternate time frame for processing the request.
(c)(1) Requests for records may be eligible for expedited processing
if the requester demonstrates a compelling need. For the purposes of
this section, compelling need means:
(i) that the failure to obtain the records on an expedited basis
could reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
(ii) that the requester is a person primarily engaged in
disseminating information and there is an urgency to inform the public
concerning actual or alleged Federal government activity.
(2) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that person's
knowledge and belief, explaining in detail the basis for requesting
expedited processing. A determination on the request for expedited
processing will be made and the requester notified within 10 working
days. The Legal Counsel or designee shall promptly respond to any appeal
of the denial for expedited processing.
[45 FR 40604, June 16, 1980, as amended at 47 FR 46275, Oct. 18, 1982;
52 FR 4902, Feb. 18, 1987; 56 FR 29578, 29579, June 28, 1991; 63 FR
1341, Jan. 9, 1998]
Sec. 1610.10 Responses: form and content.
(a) Once a requested record is identified and available, the
requester will be notified of when and where the record will be made
available and the cost assessed for processing the request. Records
shall be made available in the form or format indicated by the
requester, if the record is readily reproducible in that form or format.
Fees for processing requests will be determined in accordance with the
schedule set forth in Sec. 1610.15. Checks shall be made payable to the
Treasurer of the United States.
(b) A reply denying a written request for a record shall be in
writing, signed by the Legal Counsel's designee, the regional attorney,
or the regional attorney's designee, and shall include:
(1) His or her name and title;
(2) A reference to the specific exemption under the Freedom of
Information Act authorizing the withholding of the record and a brief
explanation of how the exemption applies to the record withheld, or a
statement that, after diligent effort, the requested records have not
been found or have not been adequately examined during the time allowed
under Sec. 1610.9(a), and that the denial will be reconsidered as soon
as the search or examination is complete; and
(3) A statement that the denial may be appealed to the Legal Counsel
within 30 days of receipt of the denial or partial denial.
(c) When denying a request for records, the estimated volume of
denied material shall be indicated, unless providing such estimate would
harm an interest protected by the exemptions in 5 U.S.C. 522(b). When
providing a reasonably segregable portion of a record, the amount of
information deleted from the released portion, and to the extent
technically feasible, the place in the record where such deletion was
made shall be indicated.
(d) If a requested record cannot be located from the information
supplied, or is known to have been destroyed or otherwise disposed of,
the person making the request shall be so notified.
[40 FR 8171, Feb. 26, 1975, as amended at 52 FR 4902, Feb. 18, 1987; 56
FR 29579, June 28, 1991; 63 FR 1342, Jan. 9, 1998]
Sec. 1610.11 Appeals to the Legal Counsel from initial denials.
(a) When the Legal Counsel's designee, the regional attorney, or the
regional attorney's designee, has denied a request for records in whole
or in part, the person making the request may appeal within 30 calendar
days of its receipt. The appeal must be in writing addressed to the
Legal Counsel or designee, Equal Employment Opportunity Commission, 1801
L Street NW., Washington DC 20507, and clearly labeled as a Freedom of
Information Act appeal. Any appeal of a denial in whole or part by a
regional attorney, or the regional attorney's designee, must include a
copy of the regional attorney's, or the regional attorney's designee's
determination.
(b) The Legal Counsel or designee shall act upon the appeal within
20 working days of its receipt, and more rapidly if practicable. If the
decision is
[[Page 236]]
in favor of the person making the request, the decision shall order
records promptly made available to the person making the request. The
Legal Counsel or designee may extend the 20 day period in which to
render a decision on an appeal for that period of time which could have
been claimed and consumed by the Legal Counsel's designee, the regional
attorney, or the regional attorney's designee, under Sec. 1610.9 but
which was either not claimed or consumed in making the original
determination.
(c) The decision on appeal shall be in writing and signed by the
Legal Counsel or designee. A denial in whole or in part of a request on
appeal shall set forth the exemption relied on, a brief explanation of
how the exemption applied to the records withheld and the reasons for
asserting it, if different from that described by the Legal Counsel's
designee, the regional attorney, or the regional attorney's designee
under Sec. 1610.10, and that the person making the request may, if
dissatisfied with the decision on appeal, file a civil action in the
district in which the person resides or has his principal place of
business, in the district where the records reside, or in the District
of Columbia.
(d) No personal appearance, oral argument or hearing will ordinarily
be permitted in connection with an appeal to the Legal Counsel or
designee.
(e) On appeal, the Legal Counsel or designee may reduce any fees
previously assessed.
(f)In the event that the Commission terminates its proceedings on a
charge after the regional attorney or the regional attorney's designee
denies a request for the charge file but during consideration of the
requester's appeal from that denial, the request may be remanded for
redetermination. The requester retains a right to appeal to the Legal
Counsel from the decision on remand.
[49 FR 48040, Dec. 10, 1984, as amended at 52 FR 4902, Feb. 18, 1987; 54
FR 32062, Aug. 4, 1989; 56 FR 29579, June 28, 1991; 63 FR 1342, Jan. 9,
1998]
Sec. 1610.13 Maintenance of files.
(a) The Legal Counsel or designee, and regional attorneys, shall
maintain files containing all material required to be retained by or
furnished to them under this subpart. The material shall be filed by
individual request indexed according to the exemptions asserted, and, to
the extent feasible, indexed according to the type of records requested.
(b) The Legal Counsel or designee, shall also maintain a file open
to the public, which shall contain copies of all grants or denials of
appeals by the Commission. The material shall be indexed as stated in
paragraph (a) of this section.
[45 FR 40605, June 16, 1980, as amended at 47 FR 46275, Oct. 18, 1982;
52 FR 4092, Feb. 18, 1987; 56 FR 29578, June 28, 1991]
Sec. 1610.14 Waiver of user charges.
(a) Except as provided in paragraph (b) of this section the Legal
Counsel or designee and regional attorneys or designees shall assess
fees where applicable in accordance with Sec. 1610.15 for search, review
and duplication of records requested. They shall also have authority to
furnish documents without any charge or at a reduced charge if
disclosure of the information is in the public interest because it is
likely to contribute significantly to public understanding of the
operations or activities of the government and is not primarily in the
commercial interest of the requester.
(b) District directors, the Washington Field Office Director, area
directors, and the librarian are hereby authorized to collect fees where
applicable in accordance with Sec. 1610.15 for duplication of records
which are to be made available for public inspection and copying in the
district or area office, or in the headquarters library in accordance
with Sec. 1610.4(b). District directors, the Washington Field Office
Director, area directors, and the librarian are hereby authorized to
duplicate such records without charge, or at a reduced charge in
accordance with the criteria of paragraph (a) of this section.
[52 FR 13830, Apr. 27, 1987, as amended at 54 FR 32062, Aug. 4, 1989; 56
FR 29578, June 28, 1991; 63 FR 1342, Jan. 9, 1998]
[[Page 237]]
Sec. 1610.15 Schedule of fees and method of payment for services
rendered.
(a) Fees shall be assessed in accordance with the fee schedule set
forth in paragraph (c) of this section as follows:
(1) When records are requested for commercial use, the Commission
shall charge the full amount of its direct costs for document search,
review and duplication. The Commission shall not charge for review at
the administrative appeal level of an exemption already applied.
(2) When records are not sought for commercial use and the request
is made by an educational or noncommercial scientific institution, or a
representative of the news media, the Commission shall charge the direct
costs of document duplication after the first 100 pages. The first 100
pages of duplication under paragraph (a)(2) shall be provided without
charge.
(3) For all other record requests not falling under paragraph (a)
(1) or (2) of this section, the Commission shall charge the direct costs
for document search time after the first two hours and the direct costs
for document duplication after the first 100 pages. The first two hours
of search time and the first 100 pages of duplication under paragraph
(a)(3) shall be provided without charge.
(b) When the Commission reasonably believes that a requester or
group of requesters is attempting to break a request down into a series
of requests for the purpose of evading the assessment of fees, the
Commission shall aggregate any such requests and charge accordingly.
(c) Except as otherwise provided, the following specific fees for
direct costs shall be applicable with respect to services rendered to
members of the public under this subpart:
(1) For actual search and review time by clerical personnel--at the
rate of $7.00 per hour.
(2) For actual search and review time by professional personnel--at
the rate of $17.00 per hour.
(3) For copies made by photocopying machine--$.15 per page (maximum
of 10 copies).
(4) For attestation of such record as a true copy--$.75 per
document.
(5) For certification of each record as a true copy, under the seal
of the agency--$1.00.
(6) For each signed statement of negative result of search for
record--$1.00.
(7) All other direct costs of search, review, duplication or
delivery (other than normal mail), including computer search time, runs
and operator salary shall be charged to the requester as appropriate in
the same amount as incurred by the agency.
(d) The Commission shall not charge a fee if the costs of routine
collection and processing of the fee are likely to equal or exceed the
amount of the fee.
(e) The Commission shall charge interest at the rate prescribed in
31 U.S.C. 3717, accruing from the date of billing, to those requesters
who fail to pay fees charged beginning on the 31st day following the day
on which the billing was sent.
(f) While the fees charged for search and copying will in no event
exceed those specified in paragraph (c) of this section, the Commission
reserves the right to limit the number of copies that will be provided
of any document or to require that special arrangements for copying be
made in the case of records or requests presenting unusual problems of
reproduction or handling.
[52 FR 13830, Apr. 27, 1987, as amended at 63 FR 1342, Jan. 9, 1998]
Sec. 1610.16 Payment of fees.
(a) Unless a person making a request under the Freedom of
Information Act states that he or she will bear all assessed fees levied
by the Commission in searching for and, where applicable, reproducing
requested data, said person will be held liable for assessed fees not to
exceed $25.00. A request which the Commission expects to exceed $25.00
and which does not state acceptance of responsibility for all assessed
fees will not be deemed to have been received until the person making
the request is promptly advised of the anticipated fees and agrees to
bear them.
(b) A search fee will be assessable notwithstanding that no records
responsive to the request or that no records not exempt from disclosure
are found.
[[Page 238]]
(c) The Commission shall require payment in full prior to the
commencement or continuation of work on a request if:
(1) It estimates or determines that the allowable charges will
exceed $250, unless the requester has a history of prompt payment of
FOIA fees, in which case the Commission may obtain satisfactory
assurance of prompt payment; or
(2) The requester has previously failed to pay fees within 30 days
of the date of billing.
[40 FR 8171, Feb. 26, 1975, as amended at 52 FR 13830, Apr. 27, 1987]
Sec. 1610.17 Exemptions.
(a) 5 U.S.C. 552 exempts from all of its publication and disclosure
requirements nine categories of records which are described in 552(b).
These categories include such matters as national defense and foreign
policy information, investigatory files, internal procedures and
communications, materials exempted from disclosure by other statutes,
information given in confidence, and matters involving personal privacy.
(b) Section 706(b) of title VII provides that the Commission shall
not make public charges which have been filed. It also provides that
(subsequent to the filing of a charge, an investigation, and a finding
that there is reasonable cause to believe that the charge is true)
nothing said or done during and as a part of the Commission's endeavors
to eliminate any alleged unlawful employment practice by informal
methods of conference, conciliation, and persuasion may be made public
by the Commission without the written consent of the parties concerned;
nor may it be used as evidence in a subsequent proceeding. Any officer
or employee of the Commission who shall make public in any manner
whatever any information in violation of section 706(b) shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not
more than $1,000 or imprisoned not more than 1 year.
(c) Section 709 of title VII authorizes the Commission to conduct
investigations of charges filed under section 706, engage in cooperative
efforts with State and local agencies charged with the administration of
State or local fair employment practices laws, and issue regulations
concerning reports and record-keeping. Section (e) of section 709
provides that it shall be unlawful for any officer or employee of the
Commission to make public in any manner whatever any information
obtained by the Commission pursuant to its authority under section 709
prior to the institution of any proceeding under the act involving such
information. Any officer or employee of the Commission who shall make
public in any manner whatever any information in violation of section
709(e) shall be guilty of a misdemeanor and upon conviction thereof
shall be fined not more than $1,000 or imprisoned not more than 1 year.
(d) Special disclosure rules apply to the case files for charging
parties, aggrieved persons on whose behalf a charge has been filed, and
entities against whom charges have been filed. The special disclosure
rules are available in the public reading areas of the Commission. Under
sections 706 and 709, case files involved in the administrative process
of the Commission are not available to the public.
(e) Each executed statistical reporting form required under part
1602 of this chapter, such as Employer Information Report EEO-1, etc.,
relating to a particular employer is exempt from disclosure to the
public prior to the institution of a proceeding under title VII
involving information from such form.
(f) Section 107 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117) explicitly adopts the powers, remedies, and procedures set
forth in sections 706 and 709 of title VII. Accordingly, the
prohibitions on disclosure contained in sections 706 and 709 of title
VII as outlined in paragraphs (b), (c), (d), and (e) of this section,
apply with equal force to requests for information related to charges
and executed statistical reporting forms filed with the Commission under
the Americans with Disabilities Act.
(g) Requests for information relating to open case files covering
alleged violations of the Equal Pay Act (29 U.S.C. 206(b)) or the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621
[[Page 239]]
et seq. ) will ordinarily be denied under the seventh exemption of the
Freedom of Information Act as investigatory records compiled for law
enforcement purposes.
(h) The medical, financial, and personnel files of employees of the
Commission are exempt from disclosure to the public.
[40 FR 8171, Feb. 26, 1975, as amended at 45 FR 40605, June 16, 1980; 56
FR 29579, June 28, 1991]
Sec. 1610.18 Information to be disclosed.
The Commission will provide the following information to the public:
(a) The Commission will make available for inspection and copying
certain tabulations of aggregate industry, area, and other statistics
derived from the Commission's reporting programs authorized by section
709(c) of title VII, provide that such tabulations: Were previously
compiled by the Commission and are available in documentary form;
comprise an aggregation of data from not less than three responding
entities; and, do not reveal the identity of an individual or dominant
entity in a particular industry or area;
(b) All blank forms used by the Commission;
(c) Subject to the restrictions and procedures set forth in
Sec. 1610.19, all signed contracts, final bids on all signed contracts,
and agreements between the Commission and State or local agencies
charged with the administration of State or local fair employment
practices laws;
(d) All final reports that do not contain statutorily confidential
material in a recognizable form;
(e) All agency correspondence to members of the public, Members of
Congress, or other persons not government employees or special
government employees, except those containing information that would
produce an invasion of privacy if made public;
(f) All administrative staff manuals and instructions to staff that
affect members of the public unless the materials are promptly published
and copies offered for sale; and
(g) All final votes of each Commissioner, for every Commission
meeting, except for votes pertaining to filing suit against respondents
until such litigation is commenced.
[56 FR 29579, June 28, 1991, as amended at 63 FR 1342, Jan. 9, 1998]
Sec. 1610.19 Predisclosure notification procedures for confidential
commercial information.
(a) In general. Commercial information provided to the Commission
shall not be disclosed except in accordance with this section. For the
purposes of this section, the following definitions apply:
(1) Confidential commercial information refers to records provided
by a submitter containing information that is arguably exempt from
disclosure under 5 U.S.C. 552(b)(4), because disclosure could reasonably
be expected to cause substantial competitive harm.
(2) Submitter refers to any person or entity who provides
confidential commercial information to the government. The term
includes, but is not limited to, corporations, State governments, and
foreign governments.
(b) Notice to submitter. Except as provided in paragraph (g) of this
section, the Commission shall provide a submitter with explicit notice
of a FOIA request for confidential commercial records whenever:
(1) The Commission reasonably believes that disclosure could cause
substantial competitive harm to the submitter;
(2) The information was submitted prior to January 1, 1988, the
records are less than 10 years old, and the submitter designated them as
commercially sensitive; or
(3) The information was submitted after January 1, 1988, and the
submitter previously, in good faith, designated the records as
confidential commercial information. Such designations shall:
(i) Whenever possible, include a statement or certification from an
officer or authorized representative of the company that the information
is in fact confidential commercial information and has not been
disclosed to the public; and
(ii) Expire ten years from the date of submission unless otherwise
justified.
(c) Notice to requester. When notice is given to a submitter under
this section, the requester shall be notified
[[Page 240]]
that notice and opportunity to comment are being provided to the
submitter.
(d) Opportunity of submitter to object. When notification is made
pursuant to paragraph (b) of this section, the Commission shall afford
the submitter a minimum of five working days to provide it with a
detailed statement of objections to disclosure. Such statement shall
provide precise identification of the exempted information, and the
basis for claiming it as a trade secret or as confidential information
pursuant to 5 U.S.C. 552(b)(4), the disclosure of which is likely to
cause substantial harm to the submitter's competitive position.
(e) Notice of intent to disclose. (1) The Commission shall consider
carefully the objections of a submitter provided pursuant to paragraph
(d) of this section. When the Commission decides to disclose information
despite such objections, it shall provide the submitter with a written
statement briefly explaining why the objections were not sustained. Such
statement shall be provided a minimum of three working days prior to the
specified disclosure date, in order that the submitter may seek a court
injunction to prevent release of the records if it so chooses.
(2) When a submitter is notified pursuant to paragraph (e)(1) of
this section, notice of the Commission's final disclosure determination
and proposed release date shall also be provided to the requester.
(f) Notice of lawsuit. Whenever a requester brings suit seeking to
compel disclosure of confidential commercial information, the Commission
shall promptly notify the submitter of the legal action.
(g) Exceptions to the notice requirement. The notice requirements of
this section shall not apply if:
(1) The Commission determines that the information shall not be
disclosed;
(2) The information is published or otherwise officially available
to the public;
(3) Disclosure of the information is required by law (other than 5
U.S.C. 552).
[56 FR 29579, June 28, 1991]
Sec. 1610.20 Deletion of exempted matters.
Where requested records contain matters which are exempted under 5
U.S.C. 552(b) but which matters are reasonably segregable from the
remainder of the records, they shall be disclosed by the Commission with
deletions. To each such record the Commission shall attach a written
justification for making deletions. A single such justification shall
suffice for deletions made in a group of similar or related records.
[40 FR 8171, Feb. 26, 1975. Redesignated at 56 FR 29579, June 28, 1991]
Sec. 1610.21 Annual report.
The Legal Counsel shall, on or before February 1, 1998, and annually
thereafter, submit a Freedom of Information Act report covering the
preceding fiscal year to the Attorney General of the United States. The
report shall include those matters required by 5 U.S.C. 552(e), and
shall be made available electronically.
[63 FR 1342, Jan. 9, 1998]
Subpart B--Production in Response to Subpenas or Demands of Courts or
Other Authorities
Sec. 1610.30 Purpose and scope.
This subpart contains the regulations of the Commission concerning
procedures to be followed when a subpena, order, or other demand
(hereinafter in this subpart referred to as a ``demand'') of a court or
other authority is issued for the production or disclosure of (a) any
material contained in the files of the Commission; (b) any information
relating to material contained in the files of the Commission; or (c)
any information or material acquired by any person while such person was
an employee of the Commission as a part of the performance of his
official duties or because of his official status.
[32 FR 16261, Nov. 29, 1967]
Sec. 1610.32 Production prohibited unless approved by the Legal
Counsel.
No employee or former employee of the Commission shall, in response
to a
[[Page 241]]
demand of a court or other authority, produce any material contained in
the files of the Commission or disclose any information or produce any
material acquired as part of the performance of his official duties or
because of his official status without the prior approval of the Legal
Counsel.
[32 FR 16261, Nov. 29, 1967, as amended at 47 FR 46275, Oct. 18, 1982]
Sec. 1610.34 Procedure in the event of a demand for production or
disclosure.
(a) Whenever a demand is made upon an employee or former employee of
the Commission for the production of material or the disclosure of
information described in Sec. 1610.30, he shall immediately notify the
Legal Counsel. If possible, the Legal Counsel shall be notified before
the employee or former employee concerned replies to or appears before
the court or other authority.
(b) If response to the demand is required before instructions from
the Legal Counsel are received, an attorney designated for that purpose
by the Commission shall appear with the employee or former employee upon
whom the demand has been made, and shall furnish the court or other
authority with a copy of the regulations contained in this part and
inform the court or other authority that the demand has been or is
being, as the case may be, referred for prompt consideration by the
Legal Counsel. The court or other authority shall be requested
respectfully to stay the demand pending receipt of the requested
instructions from the Legal Counsel.
[32 FR 16261, Nov. 29, 1967, as amended at 47 FR 46275, Oct. 18, 1982;
63 FR 1342, Jan. 9, 1998]
Sec. 1610.36 Procedure in the event of an adverse ruling.
If the court or other authority declines to stay the effect of the
demand in response to a request made in accordance with Sec. 1610.34(b)
pending receipt of instructions from the Legal Counsel, or if the court
or other authority rules that the demand must be complied with
irrespective of the instructions from the Legal Counsel not to produce
the material or disclose the information sought, the employee or former
employee upon whom the demand has been made shall respectfully decline
to comply with the demand (United States ex rel. Touhy v. Ragen, 340
U.S. 462 (1951)).
[32 FR 16261, Nov. 29, 1967, as amended at 47 FR 46275, Oct. 18, 1982]
This page was last modified on January 25, 1999.