20 C.F.R. § 653.110

Disclosure of data

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(a) SWAs must disclose to the public, on written request, in conformance with applicable State and Federal law, the data collected by SWAs and ES offices pursuant to § 653.109, if possible within 10 business days after receipt of the request.

(b) If a request for data held by a SWA is made to the ETA national or regional office, ETA must forward the request to the SWA for response.

(c) If the SWA cannot supply the requested data within 10 business days after receipt of the request, the SWA must respond to the requestor in writing, giving the reason for the delay and specifying the date by which it expects to be able to comply.

(d) SWA intra-agency memoranda and reports (or parts thereof) and memoranda and reports (or parts thereof) between the SWA and the ETA, to the extent that they contain statements of opinion rather than facts, may be withheld from public disclosure provided the reason for withholding is given to the requestor in writing. Similarly, documents or parts thereof, which, if disclosed, would constitute an unwarranted invasion of personal or employer privacy, also may be withheld provided the reason is given to the requestor in writing.

[81 FR 56341, Aug. 19, 2016, as amended at 88 FR 82730, Nov. 24, 2023]
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Texas RioGrande Legal Aid, Inc v. Les Range, 594 F. App'x 813 (5th Cir. 2014).
Texas RioGrande Legal Aid, Inc v. Les Range, 594 F. App'x 813 (5th Cir. 2014). · cites it 6× “Southern Migrant focuses its argument in favor of a right to receive all H-2A records on 20 C.F.R. § 653.110 (a), which requires state agencies to “disclose to the public” upon request “the data collected by State and local offices pursuant to § 653.”
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