Assess whether a subrecipient should be suspended (93bce7)

Situation

After an OIRA passback gutting the preferred option, public-records request that hits deliberative drafts is what regulatory-impact analyst can touch in a state agency with a FOIA backlog and a political request. Government will live with Pay or continue versus Recoup on this Oversight and Records file.

Decision

Regulatory-impact analyst in a state agency with a FOIA backlog and a political request must choose Pay or continue / Recoup / Deny / Hold using public-records request that hits deliberative drafts after an OIRA passback gutting the preferred option.

Hypotheses to test

• Authorize Pay or continue now; public-records request that hits deliberative drafts already has the discriminator after an OIRA passback gutting the preferred option.
• Keep Recoup in force until public-records request that hits deliberative drafts is completed after an OIRA passback gutting the preferred option for regulatory-impact analyst.
• Treat public-records request that hits deliberative drafts as Deny because both readings appear after an OIRA passback gutting the preferred option.
• Refuse a Government close: regulatory-impact analyst does not have the page a subrecipient should be suspended turns on in public-records request that hits deliberative drafts.

Analysis required

• Map eligibility, appropriation, and program rules in public-records request that hits deliberative drafts after an OIRA passback gutting the preferred option.
• Name the statutory hook that public-records request that hits deliberative drafts does or does not support.
• Test a single-case exception versus a control gap in a state agency with a FOIA backlog and a political request.
• For this Government Oversight and Records file, read public-records request that hits deliberative drafts against an OIRA passback gutting the preferred option and write the one fact that would move a subrecipient should be suspended for regulatory-impact analyst.

Recommendation

Choose Pay or continue / Recoup / Deny / Hold on this Government / Oversight and Records packet (public-records request that hits deliberative drafts after an OIRA passback gutting the preferred option). Lead with the Government option public-records request that hits deliberative drafts can support after an OIRA passback gutting the preferred option, then the two facts that force it, then the Monday action for regulatory-impact analyst in a state agency with a FOIA backlog and a political request.