SECTION .0300 ‑ PUBLIC ACCESS CONFIDENTIALITY AND

DISCLOSURE OF INFORMATION

 

10A NCAC 97B .0301       PUBLIC ACCESS TO INFORMATION

(a)  Grant recipients must provide access to any books,

documents, records, and other information which is requested by the public

which is not otherwise required to be confidential as defined in Rule .0302 of

this Section.

(b)  Each applicant for programs administered by the Office

shall develop and maintain policies and procedures that meet the following

minimum requirements:

(1)           All appropriate information will be made

available at the time and date agreed upon by the requestor and the grant

recipient.  The grant recipient will provide space for all requestors to review

such information.  No information provided to requestors for review shall be

removed from the grant recipient's office.  Copies of information made

available for review may be provided to requestors upon the payment of a fee

established by the grant recipient to cover the cost of reproduction.

(2)           Requests for information to be provided

through the mail will be promptly honored when the requested information is

readily available (e.g. brochures, previously compiled data, etc.).  When the

requested information is not readily available, the grant recipient will honor the

request if it is feasible to do so within staff and time constraints.  In cases

where there will be more than a 30‑day delay or when the request cannot

be met, the grant recipient will so notify in writing the requestor.

(c)  In any case in which an agency concludes that

notwithstanding the provisions of this Regulation a document should not be made

public, the agency shall immediately request the approval of the Office in

writing, giving a description of the document and a full explanation of the

justification for the agency's conclusion that the document is not of a public

nature.  The Office will in such cases make a prompt determination as to

whether the document should be disclosed.

(d)  Grant recipients must provide access to any books,

documents, papers, or records which the Office, the Department, and duly

authorized representatives of any federal or state agency from which the Office

has received funds determine are pertinent to any approved program, project, or

plan.

 

History Note:        Authority G.S. 132; 143B‑10; 143B‑276;

143B‑277; 143‑323(c);

Eff. December 1, 1983;

Amended Eff. October

1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. April 25, 2015.