HUD 24 CFR PART 2002-2010 AVAILABILITY OF INFORMATION TO THE PUBLIC《公之于众信息的有效性》.pdf

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1、91 PART 2000 RESERVED PART 2002AVAILABILITY OF INFORMATION TO THE PUBLIC Sec. 2002.1 Scope of the part and applicability of other HUD regulations. 2002.3 OIGs overall policy concerning discloseable records and requests for OIG records. 2002.5 Records produced upon request when reasonably described.

2、2002.7 OIG processing of requests. 2002.9 Where to review records. 2002.11 Review of records, aggregating re-quests and waiving or reducing fees. 2002.13 Charges for interest and for unsuc-cessful searches; utilization of Debt Col-lection Act. 2002.15 Advance payments. 2002.17 Time limitations. 2002

3、.19 Authority to release records or cop-ies. 2002.21 Authority to deny requests for records and form of denial. 2002.23 Effect of denial of request. 2002.25 Administrative review. AUTHORITY: 5 U.S.C. 552; Electronic Free-dom of Information Act (Pub. L. 104231); Freedom of Information Reform Act of 1

4、986 (Pub. L. 99579); 5 U.S.C. App. 3 (Inspector General Act of 1978); 42 U.S.C. 3535(d); Dele-gation of Authority, Jan. 9, 1981 (46 FR 2389). SOURCE: 49 FR 11165, Mar. 26, 1984, unless otherwise noted. 2002.1 Scope of the part and applica-bility of other HUD regulations. (a) General. This part conta

5、ins the regulations of the Office of Inspector General which implement the Freedom of Information Act (5 U.S.C. 552). It in-forms the public how to request records and information from the Office of In-spector General and explains the proce-dure to use if a request is denied. Re-quests for documents

6、 made by sub-poena or other order are governed by procedures contained in part 2004 of this chapter. In addition to the regula-tions in this part, the following provi-sions of part 15 of this title covering the production or disclosure of mate-rial or information apply (except as limited in paragrap

7、h (b) of this section) to the production or disclosure of ma-terial in the possession of the Office of Inspector General: 15.2What definitions apply to this part? 15.3What exemptions are author-ized by 5 U.S.C. 552?; 15.108What are HUDs policies con-cerning designating confidential com-mercial or fi

8、nancial information under Exemption 4 of the FOIA and respond-ing to requests for business informa-tion? 15.110What fees will HUD charge? (b) Limited applicability of section 15.110. For purposes of this part, para-graphs (d) through (k) of 15.110 are not applicable. (c) Use of the term HUD. For pur

9、-poses of this part, and when the words HUD or Department are used in this part or 15.2(b), 15.3, 15.108 and 15.110 of this title, the term means the Office of the Inspector General. (d) Request for declassification and release of classified material. Section 15.107 of this title contains provisions

10、 for requesting declassification and re-lease of declassified material. 67 FR 47216, July 17, 2002 2002.3 OIGs overall policy con-cerning discloseable records and re-quests for OIG records. (a) The Office of Inspector General will fully and responsibly disclose its identifiable records and informati

11、on consistent with competing public inter-ests, such as national security, per-sonal privacy, grand jury and inves-tigative secrecy, complainant confiden-tiality, agency deliberative process, as are recognized by FOIA and other fed-eral statutes. (b) A request for Office of Inspector General records

12、 may be made in person during normal business hours at any office where Office of Inspector General employees are permanently stationed. Although oral requests may be hon-ored, a requester may be asked to sub-mit the request in writing. A written request shall be addressed to: The Of-fice of Inspect

13、or General, Department of Housing and Urban Development, 451 Seventh Street, SW, Room 8260, Wash-ington, DC 20410. (c) Each request must reasonably de-scribe the desired record including the name, subject matter, and number or date, where possible, so that the record VerDate Mar2010 14:09 May 05, 20

14、10 Jkt 220081 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-92 24 CFR Ch. XII (4110 Edition) 2002.5 may be identified and located. The re-quest sho

15、uld also include the name, ad-dress and telephone number of the re-quester, and the format in which the requester would like the desired record to be reproduced. In order to enable the Office of Inspector General to comply with the time limitations set forth in 2002.17, both the envelope containing

16、a written request and the letter itself should clearly indicate that the subject is a Freedom of Information Act re-quest. (d) The request must be accompanied by the fee or an offer to pay the fee as determined in 15.110. (e) Copies of available records will be made as promptly as possible. Copying

17、service will be limited to not more than 10 copies of any single page. Records that are published or available for sale need not be reproduced. (f) To the extent that records are readily reproducible, the Office of In-spector General will send records in the form requested, including electronic form

18、at. 67 FR 47217, July 17, 2002 2002.5 Records produced upon re-quest when reasonably described. (a) When a request is made which reasonably describes a record of the Of-fice of Inspector General (see 2002.3) which has been stored in the National Archives or other record center of the General Service

19、s Administration, the record will be requested by the Office of Inspector General if it otherwise would be available under this part. (b) Every effort will be made to make a record in use by the staff of the Office of Inspector General available when re-quested, and such availability will be deferre

20、d only to the extent necessary to avoid serious interference with the business of the Office of Inspector Gen-eral. 2002.7 OIG processing of requests. (a) Multitracking. (1) The Office of In-spector General places each request in one of two tracks. The Office of Inspec-tor General places requests in

21、 its sim-ple or complex track based on the amount of work and time involved in processing the request. Factors the Of-fice of Inspector General will consider in assigning a request in the simple or complex track will include whether the request involves the processing of volu-minous documents and/or

22、 whether the request involves responsive documents from more than one organizational unit. Within each track, the Office of Inspector General processes requests in the order in which they are received. (2) For requests that have been sent to the wrong office, the Office of In-spector General will as

23、sign the request within each track using the earlier of either: (i) The date on which the request was referred to the appropriate office; or, (ii) The end of the ten (10) working day period in which the request should have been referred to the appropriate office. (b) Expedited processing. The Office

24、 of Inspector General may take your re-quest or appeal out of normal order if the Office of Inspector General deter-mines that you have a compelling need for the records or in other cases as de-termined by the Office of Inspector General. If the Office of Inspector Gen-eral grants your request for e

25、xpedited processing, the Office of Inspector Gen-eral will give your request priority and will process it as soon as practicable. The Office of Inspector General will consider a compelling need to exist if: (1) Your failure to obtain the re-quested records on an expedited basis could reasonably be e

26、xpected to pose an imminent threat to the life or phys-ical safety of an individual or a threat-ened loss of substantial due process rights; or, (2) You are primarily engaged in dis-seminating information and there is an urgency to inform the public con-cerning actual or alleged Federal Gov-ernment

27、activity. 67 FR 47217, July 17, 2002 2002.9 Where to review records. (a) You may inspect and copy hardcopy records that section 552(a)(2) of FOIA requires the Office of Inspector General make available to the public in reading rooms. At the Headquarters and DC Offices, this would be at HUDs Library,

28、 Room 8141, 451 Seventh St., SW, Washington, DC 20410, and should be coordinated through Counsels Of-fice to the Inspector General, Room VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSN

29、ot for ResaleNo reproduction or networking permitted without license from IHS-,-,-93 Office of Inspector General, HUD 2002.13 8260. Local offices may coordinate for local requests. (b) For records created on or after November 1, 1996, this information is available to you through the Office of Inspec

30、tor Generals Internet website at http:/www.hud.gov/oig/oigindex.html. 67 FR 47217, July 17, 2002 2002.11 Review of records, aggre-gating requests and waiving or re-ducing fees. (a) Review of records. Only requesters who are seeking documents for com-mercial use may be charged for the time HUD spends

31、 reviewing records to determine whether they are exempt from mandatory disclosure. Charges may be assessed only for the initial re-view (i.e., the review undertaken the first time HUD analyzes the applica-bility of a specific exemption to a par-ticular record or portion of a record). HUD will not ch

32、arge for review at the administrative appeal level of an ex-emption already applied. However, records or portions of records withheld in full under an exemption which is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously consi

33、dered. The costs for such a subsequent review would be properly assessable. Review time will be assessed at the same rates estab-lished for search time in 15.110 of this title. (b) Aggregating requests. A requester may not file multiple requests at the same time, each seeking portions of a document

34、or documents, solely in order to avoid payment of fees. When HUD reasonably believes that a requester or a group of requesters acting in concert, is attempting to break a request down into a series of requests for the purpose of evading the assessment of fees, HUD may aggregate any such requests and

35、 charge accordingly. (c) Waiving or reducing fees. HUD will furnish documents without charge or at reduced charge if disclosure of the information is in the public interest because it is likely to contribute sig-nificantly to public understanding of the operations or activities of the gov-ernment an

36、d is not primarily in the commercial interest of the requester. The official authorized to grant access to records may waive or reduce the ap-plicable fee where requested. The de-termination not to waive or reduce the fee will be subject to administrative re-view as provided in 2002.25 after the dec

37、ision on the request for access has been made. Six factors shall be used in determining whether the requirements for a fee waiver or reduction are met. These factors are as follows: (1) The subject of the request: Whether the subject of the requested records concerns the operations or activities of

38、the government; (2) The informative value of the infor-mation to be disclosed: Whether the dis-closure is likely to contribute to an understanding of government oper-ations or activities; (3) The contribution to an under-standing of the subject by the general public likely to result from disclosure:

39、 Whether disclosure of the requested in-formation will contribute to public understanding; (4) The significance of the contribution to public understanding: Whether the disclosure is likely to contribute sig-nificantly to public understanding of government operations or activities; (5) The existence

40、 and magnitude of a commercial interest: Whether the re-quester has a commercial interest that would be furthered by the requested disclosure; and, if so (6) The primary interest in disclosure: Whether the magnitude of the identi-fied commercial interest of the re-quester is sufficiently large, in c

41、om-parison with the public interest in dis-closure, that disclosure is primarily in the commercial interest of the re-quester. 53 FR 37551, Sept. 27, 1988, as amended at 67 FR 47217, July 17, 2002 2002.13 Charges for interest and for unsuccessful searches; utilization of Debt Collection Act. (a) Cha

42、rging interest. HUD will begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the billing was sent. A fee received by HUD, even if not processed, will suffice to stay the ac-crual of interest. Interest will be at the rate prescribed in section 3717 o

43、f title 31 U.S.C. and will accrue from the date of the billing. VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from

44、 IHS-,-,-94 24 CFR Ch. XII (4110 Edition) 2002.15 (b) Charge for unsuccessful search. Or-dinarily no charge for search time will be assessed when the records requested are not found or when the records lo-cated are withheld as exempt. However, if the requester has been notified of the estimated cost

45、 of the search time and has been advised specifically that the requested records may not exist or may be withheld as exempt, fees shall be charged. (c) Use of Debt Collection Act of 1982. When a requester has failed to pay a fee charged in a timely fashion (i.e., within 30 days of the date of the bi

46、ll-ing), HUD may, under the authority of the Debt Collection Act and part 17, subpart C of this title, use consumer reporting agencies and collection agen-cies, where appropriate, to recover the indebtedness owed the Department. 53 FR 37552, Sept. 27, 1988 2002.15 Advance payments. (a) HUD may not r

47、equire a requester to make an advance payment, i.e., pay-ment before work is commenced or continued on a request, unless: (1) HUD estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250. Then, HUD will notify the re-quester of the likely cost

48、and obtain satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or re-quire an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or (2) Where a requester has previously failed to pay

49、 a fee charged in a timely fashion (i.e., within 30 days of the date of the billing), HUD may require the requester to pay the full amount owed plus any applicable interest as provided by 2002.13(a) or demonstrate that he has, in fact, paid the fees, and to make an advance payment of the full amount of the estimated fee before HUD begins to process a new request or a pending request from that requester. (