§ 0.451   Inspection of records: Generally.

   (a) Records which are routinely available for public inspection.
   Sections 0.453 and 0.455 list those Commission records which are
   routinely available for public inspection and the places at which those
   records may be inspected. Procedures governing requests for inspection
   of such records are set out in § 0.460.

   (b) Records which are not routinely available for public inspection.
   Records which are not listed in § 0.453 or § 0.455 are not routinely
   available for public inspection. Such records fall into two categories.

   (1) The first category consists of those records or kinds of records
   listed in § 0.457 and of particular records withheld from public
   inspection under § 0.459. The Commission has determined that there is a
   statutory basis for withholding these records from public inspection.
   In some cases, the Commission is prohibited from permitting the
   inspection of records. In other cases, the records are the property of
   another agency, and the Commission has no authority to permit their
   inspection. In still other cases, the Commission is authorized, for
   reason of policy, to withhold records from inspection, but is not
   required to do so.

   (2) The second category consists of records that are not listed in
   § 0.453, § 0.455, or § 0.457 and have not been withheld from inspection
   under § 0.459. In some cases, these records have not been identified
   for listing. In other cases (e.g., the general correspondence files),
   the Commission is unable to determine either that all records in a
   class should be routinely available for inspection or that all records
   in that class should not be routinely available for inspection, and
   individualized determination is required.

   (3) Procedures governing requests for inspection of these records are
   set forth in § 0.461.

   (4) Procedures governing demands by competent authority for inspection
   of these records are set forth in § 0.463.

   (5) Except as provided in § 0.461 and § 0.463, or pursuant to
   § 19.735-203 of this chapter, no officer or employee of the Commission
   shall permit the inspection of records which are not routinely
   available for public inspection under § 0.453 or § 0.455, or disclose
   information contained therein.

   (c) Copies. Section 0.465 applies to requests for copies of Commission
   records which are routinely available for public inspection under
   § 0.453 and § 0.455 and those which are made available for inspection
   under § 0.461. Sections 0.467 and 0.465(c)(3) apply to requests for
   certified copies of Commission records.

   (d) Search and copying fees. Section 0.465(c)(2) prescribes the per
   page fee for copying records made available for inspection under
   § 0.460 or § 0.461. Section 0.466 prescribes fees to cover the expense
   of searching for and reviewing records made available for inspection
   under § 0.460 or § 0.461. Review of initial fee determinations under
   § 0.467 through § 0.470 and initial fee reduction or waiver
   determinations under § 0.470(e) may be sought under § 0.461(j).

   Note to paragraph (d): The Commission may require advance payment
   pursuant to § 0.469 before releasing documents.

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