28 CFR 701.10 – General provisions
(a) This part contains the regulations of the Office of Independent Counsel implementing the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Information customarily furnished to the public in the regular course of the performance of official duties may continue to be furnished to the public without complying with this part, provided that the furnishing of such information would not violate the Privacy Act of 1974, 5 U.S.C. § 552a, and would not be inconsistent with regulations issued pursuant to the Privacy Act. To the extent permitted by other laws, the Office will also consider making available records that it is permitted to withhold under the FOIA if it determines that such disclosure would be in the public interest and would not interfere with the functioning of the Office.
Terms Used In 28 CFR 701.10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
(b) As used in this part, the following terms shall have the following meanings:
(1) Appeal means the appeal by a requester of an adverse determination of his request, as described in 5 U.S.C. § 552(a)(6)(A)(ii).
(2) Agency has the meaning given in 5 U.S.C. § 551(1) and 5 U.S.C. § 552(e).
(3) Request means any request for records made pursuant to 5 U.S.C. § 552(a)(3).
(4) Requester means any person who makes a request to the Office.
(5) Business information means trade secrets or other commercial or financial information.
(6) Business submitter means any commercial entity that provides business information to the Office and that has a proprietary interest in the information.
(c) The FOIA/PA Officer of the Office of Independent Counsel shall be responsible to Independent Counsel for all matters pertaining to the administration of this part.
(d) The Office of Independent Counsel shall comply with the time limits set forth in the FOIA for responding to and processing requests and appeals, unless there are exceptional circumstances within the meaning of 5 U.S.C. § 552(a)(6)(C). The Office shall notify a requester whenever it is unable to respond to or process the request or appeal within the time limits established by the FOIA. The Office shall respond to and process requests and appeals in their approximate order of receipt, to the extent consistent with sound administrative practice.