34 C.F.R. Subpart G—Administrative Review
Title 34 - Education
This subpart provides for the review of a denial, pursuant to §5.53, of a written request for inspection or copying of a record. A person whose request has been denied may initiate a review by filing a request for review within (a) 30 days of receipt of the determination to deny or (b) within 30 days of receipt of records which are in partial response to his request if a portion of a request is granted and a portion denied, whatever is later. (a) Requests for review of denials should be addressed to the Secretary. (b) [Reserved] The request for review shall include a copy of the written request and the denial. Review shall be considered on the basis of the written record including any written argument submitted by the requester. (a) Decisions on review shall be in writing within 20 working days from receipt of the request for review. Extension of the time limit may be granted to the extent that the maximum 10-day limit on extensions has not been exhausted on the initial determination. Such extension may only be granted for the reasons enumerated in §5.51(d). (b) The decision, which constitutes final action of the Department, if adverse to the requester shall be in writing, stating the reasons for the decision, and advising the requester of the right to judicial review of such decision. (c) Failure to comply with time limits set forth in §5.51 or in this paragraph constitutes an exhaustion of the requester's administrative remedies. [The following are some examples of specific records (or specific information relating to personnel, programs, or activities of this Department) listed according to whether or not they are available upon request for inspection and copying]
Title 34: Education
PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90–23
Subpart G—Administrative Review
§ 5.80 Review of denial of a record.
§ 5.81 Time for initiation of request for review.
§ 5.82 By whom review is made.
§ 5.83 Contents of request for review.
§ 5.84 Consideration on review.
§ 5.85 Decisions on review.
Appendix to Part 5
------------------------------------------------------------------------ Generally available Generally not available------------------------------------------------------------------------ grants------------------------------------------------------------------------Funded initial grant Research protocol, design, applications, subject to processing, and other technical provisions of § 5.71. information to the extentReports of grantee. proprietary or of a confidentialFinal report of any review or nature submitted with initial evaluation of grantee applications not yet funded, or performance conducted or caused where disclosure would adversely to be conducted by the affect patent or other valuable Department. rights. Confidential financial information of grantee. Site visit reports.Applications for continuation, Initial research or research training renewal, or supplemental grants, grant application on which award is subject to provisions of § not made. 5.71.State plan material.------------------------------------------------------------------------ contracts------------------------------------------------------------------------Name of contractor, subject Trade secrets. matter, date, and amount of contract.Contract performance review Confidential pricing data contained report. in contract proposal if in the Department's judgment it is properly so designated by the offeror.Deficiency report................ Proprietary technical data contained in a contract proposal if in the Department's judgment it is properly so designated by offeror.Final report..................... Confidential financial information of contractor Draft of proposed final report submitted for comment prior to acceptance. Research protocol, design, processing, and other technical information to the extent proprietary or of a confidential nature, including proprietary contents of unsolicited proposals. Proposals on which no award is made.------------------------------------------------------------------------ advisory committees------------------------------------------------------------------------Name of committee................ Minutes or transcripts of committeeFinal report..................... meetings or portions thereof whichMinutes or transcripts of are involved with matters exempt meetings open to the public and from mandatory disclosure under not involved with matters exempt Freedom of Information Act. from mandatory disclosure under Freedom of Information Act.------------------------------------------------------------------------ personnel information------------------------------------------------------------------------Name of employee, title of Home addresses of employees. position, and location of regular duty station.Grade, position description, and salary of public employees.------------------------------------------------------------------------ affirmative action plan filed pursuant to executive order 11246------------------------------------------------------------------------Approved action plan, including analysis, proposed remedial or affirmative steps to be taken with goals and timetables, policies on recruitment, hiring, and promotion, and description of grievance procedures.------------------------------------------------------------------------ miscellaneous------------------------------------------------------------------------ Names of individual beneficiaries of departmental programs or a list of the benefits they receive if release would be an unwarranted invasion of privacy. Office for Civil Rights investigatory files in open cases.------------------------------------------------------------------------
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