Code of Federal Regulations (alpha)

CFR /  Title 36  /  Part 1120  /  Sec. 1120.42 Release of exempt documents.

(a) An A&TBCB; office may, in its discretion, release requested records despite the applicability of one or more of the exemptions listed in Sec. 1120.41 (a)(2), (5), or (7). Disclosure of such records is encouraged if no important purpose would be served by withholding the records.

(b) Though the policy of the A&TBCB; is to honor all requests, as indicated in Sec. 1120.21(a), there are circumstances when the A&TBCB; will not disclose a record if one or more of the FOIA exemptions applies to the record. The exemptions usually in such circumstances are exemptions (2), (3), (4), (6), (8) and (9). In these cases, where the A&TBCB; has withheld a requested record, or portions thereof, the A&TBCB; will disclose the exempted record when ordered to do so by a Federal court or in exceptional circumstances under appropriate restrictions with the approval of the Office of General Counsel.