§ 21.32 Confidentiality of information about net worth.
(a) In a proceeding on an application, the public record ordinarily includes the information showing the net worth of the applicant.
(b) However, if an applicant objects to public disclosure of any portion of the information and believes there are legal grounds for withholding it from disclosure, the applicant may submit directly to the adjudicative officer—
(1) The information the applicant wishes withheld in a sealed envelope labeled “Confidential Financial Information;” and
(2) A motion to withhold the information from public disclosure.
(c) The motion must—
(1) Describe the information the applicant is requesting be withheld; and
(2) Explain in detail—
(i) Why that information falls within one or more of the specific exemptions from mandatory disclosure under the Freedom of Information Act;
(ii) Why public disclosure of the information would adversely affect the applicant; and
(iii) Why disclosure is not required in the public interest.
(d)
(1) The applicant shall serve on Department's counsel a copy of the material referred to in paragraph (c) of this section.
(2) The applicant is not required to give a copy of that material to any other party to the proceeding.
(e)
(1) If the adjudicative officer finds that the information should not be withheld from public disclosure, the information is placed in the public record of the proceeding.
(2) If the adjudicative officer finds that the information should be withheld from public disclosure, any request to inspect or copy the information is treated in accordance with the Department's established procedures under the Freedom of Information Act (34 CFR part 5).
(Authority: 5 U.S.C. 504(c)(1))
