Sec. 0.460 Requests for inspection of records which are routinely
available for public inspection.
(a) 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. Subject to the limitations set out in this
section and to the provisions of Sec. 0.466 and paragraph (k) of this
section, a person who wants to inspect such records need only appear at
the specified location and ask to see the records.
(b) A person who does not want a copy of the records must appear at
the specified location during the office hours of the Commission and
must inspect the records at that location. (Procedures governing
requests for copies are set out in Sec. 0.465.) However, arrangements
may be made in advance, by telephone or by correspondence, to make the
records available for inspection on a particular date, and there are
many circumstances in which such advance arrangements will save
inconvenience. If the request is for a large number of documents, for
example, a delay in collecting them is predictable. Current records may
be in use by the staff when the request is made. Older records may have
been forwarded to another location for storage.
(c) The records in question must be reasonably described by the
person requesting them so as to permit their location by staff
personnel. The information needed to locate the records will vary,
depending on the records requested. Advice concerning the kind of
information needed to locate particular records will be furnished in
advance upon request. Members of the public will not be given access to
the area in which records are kept and will not be permitted to search
the files.
(d) If it appears that there will be an appreciable delay in
locating or producing the records (as where a large number of documents
is the subject of a single request or where an extended search for a
document appears to be necessary), the request shall be submitted in
writing, either in person or by mail.
(e) Written requests shall be captioned ``REQUEST FOR INSPECTION OF
RECORDS'', shall be dated, shall list the telephone number (if any) of
the person making the request and for each document requested, shall set
out all information known to the person making the request which would
be helpful in identifying and locating the document. Written requests
shall, in addition, specify the maximum search fee the person making the
request is prepared to pay. (see Sec. 0.467)
(f) Written requests shall be delivered or mailed directly to the
chief of the organizational unit having custody of the records, as
listed in Secs. 0.453 and
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0.455. If the request is enclosed in an envelope, the envelope shall be
marked, ``REQUEST FOR INSPECTION OF RECORDS.''
(g) When a written request is received by the custodian of the
records, it will be date-stamped.
(h) All requests limited to records listed in Secs. 0.453 and 0.455
will be granted, subject to paragraph (k) of this section. Requests for
records listed in those sections shall not be combined with requests for
other records.
(i) The records will be produced for inspection at the earliest
possible time.
(j) Records shall be inspected within 7 days after notice is given
that they have been located and are available for inspection. After that
period, they will be returned to storage and additional charges may be
imposed for again producing them.
(k) In addition to the other requirements of this section, the
following provisions apply to the reports filed with the Commission
pursuant to subpart E of part 19 of this chapter. (1) Such reports shall
not be obtained or used:
(i) For any unlawful purpose; (ii) for any commercial purpose, other
than by news and communications media for dissemination to the general
public; (iii) for determining or establishing the credit rating of any
individual; or (iv) for use, directly or indirectly, in the solicitation
of money for any political, charitable, or other purpose.
(2) Such reports may not be made available to any person nor may any
copy thereof be provided to any person except upon a written application
by such person stating: (i) That person's name, occupation and address;
(ii) the name and address of any other person or organization on whose
behalf the inspection or copying is requested; and (iii) that such
person is aware of the prohibitions on the obtaining or use of the
report. Further, any such application for inspection shall be made
available to the public throughout the period during which the report
itself is made available to the public.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
154, 303, 397; 18 U.S.C. (j))
[40 207 FR 7314 , Feb. 19, 1975, as amended at 45 FR 85027 , Dec. 24, 1980; 48 FR 44800 , Sept. 30, 1983; 53 FR 39093 , Oct. 5, 1988]
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