704 FOIA EXEMPTIONS FROM DISCLOSURE

704.1 The classes of records authorized to be exempted from disclosure under this chapter shall be the same as those provided in D.C. Code §1-1524 (1981 Ed.), as amended.

704.2 Any reasonably separable portion of a record shall be provided to any person requesting the record after deletion of those portions which are exempt under this section.

704.3 Any document filed under seal which is alleged by a party to contain proprietary information shall be deemed excepted from disclosure pursuant to D.C. Code §1-1524(a)(1) (1981 Ed.), unless the Commission, after notice to the affected party and opportunity to be heard, orders that D.C. Code §1-1524(a)(1) (1981 Ed.), does not apply. An application for reconsideration of an order shall act as a stay of the order pending reconsideration.

704.4 When alleged proprietary information is the subject of a FOIA request, the following procedures shall apply:

(a) The General Counsel shall notify the requesting party that the information requested is alleged to be proprietary;

(b) The General Counsel shall notify the party whose alleged proprietary information is the subject of a FOIA request, and inform the party of its right to file, within five (5) days of notification, the basis of its proprietary claim;

(c) Within five (5) days of service of the party's basis of proprietary claim, the requesting party may file a response detailing why the requested information is not proprietary and why the information should be disclosed; and

(d) Within ten (10) days of the date the response is required to be filed, the Commission shall issue an order regarding whether the alleged proprietary information is exempt from disclosure.

SOURCE: Final Rulemaking published at 33 DCR 7053, 7056 (November 14, 1986); as amended by Final Rulemaking published at 34 DCR 2195 (April 3, 1987).