Office of Filings and Information Services:
Operating Rules and Procedures
for the Public Reference Room
Effective August 10, 2004
Table of Contents
I. General Information
II. Terms for Use of Public Reference Room
III. Effects of Violations of Rules or Laws
IV. Procedure for Taking Measure for Violations
I. General Information
Introduction
The Securities and Exchange Commission ("Commission") views the widespread dissemination of its public information as a key to fulfilling its mandate to protect investors. The Commission's objective is to make public information and records available to investors and other interested parties in a fair and equitable manner. The Commission's Internet world wide website and its Public Reference Room ("PRR") in Washington, D. C., where documents may be inspected and printed or copied for a fee, are components in meeting this objective.
Internet-Accessible Information
The Commission makes much of the public information that it creates and collects pursuant to the federal securities laws available through its world wide website at http://www.sec.gov. The following list identifies some of the more commonly requested information that is available for free on the website:
Copies of public material that is not on the Commission'website are available for a fee by sending an electronic mail message to the Internet group mailbox publicinfo@sec.gov.
Overview of Public Reference Room
1. The PRR is open to the public from 9:00 a.m. to 5:00 p.m. Monday through Friday, except on official holidays and posted closings.
2.All visitors to the PRR must sign in at the guard's desk immediately upon entering the Room. Information and assistance in using the facilities may be obtained from the staff at the reference counter.
3. The Commission makes public information available in its PRR as follows:
- Electronic filings filed on July 1, 1992 — Present are available via the Electronic Data Gathering Analysis and Retrieval System (EDGAR) in the PRR.
- Broker Dealer filings made August 2000 — Present and Investment Advisor filings made February 2001 — Present are electronic and are accessible via NASDR's Public Disclosure website at http://www.nasdr.com/2000.asp or in the PRR. Printed copies of such filings may be obtained from the reference desk.
- Thomson Research is available for viewing and printing copies of filings that are submitted to the Commission in paper.
- Paper filings are available in the PRR on a self-service basis for thirty days. After the thirty days, paper filings made on or after January 1, 1996, other than Notice of Proposed Sale of Securities Reports, are made available in the PRR on Thomson Research and on CD-ROMs. Notices of Proposed Sale of Securities Reports filed on or after January 1, 1998 are available in the same manner. Ownership filings made on or after January 1, 1998 thru June 30, 2003 are available on Thomson as well, while ownership filings received on or after July 1, 2003 are available on EDGAR.
(Paper filings made prior to 1996 should be requested at the reference counter)
Note: Requests for non-public materials should be submitted under the Freedom of Information Act. These requests should be directed in writing to the Freedom of Information Act Officer, Office of Filings and Information Services, 6432 General Green Way, Alexandria, VA 22312-2413.
The Commission reserves the right to restrict usage and access to the PRR in order to maintain an orderly and functioning facility and to prevent disruption of service to the public.
Recent Paper Filings
1. Paper filings that are thirty days old or less (i. e., "recent paper filings") are available to the public on a self-service basis. Recent paper filings that are in high demand may be retained at the reference counter.
2. All recent paper filings must be returned to the appropriate file folders in the PRR before 4:45 p.m. each day. Visitors may not request to have recent paper filings held for any length of time.
3. Recent paper filings, due to their current nature, are subject to call back by the reference room staff at any time.
Counter Requests for Records Services
1. Paper documents from 1980 — 1996 can be ordered using Form SEC 233.
2. Paper documents prior to 1979 can be ordered from the Federal Records Center using Form SEC 233. Recent experience indicates that requested material is returned to the Commission within 7 to 10 business days. However, the Commission does not control the FRC's response time to requests for materials.
3. Visitors to the Public Reference Room may also request to have Commission documents and records mailed to them directly by completing SEC Form 86.
NOTE: Each form allows requesters to request information by document type, date, and subject matter. Requests for records services are completed within 5 to 7 business days. Requesters are limited to submitting requests for no more than 10 documents or items for records services per day.
4. Arrangements must be made in advanced with PRR managers for more than 10 documents. Such requests will be treated as "Special Projects" and may take up to four weeks to complete.
Certifications and Attestations
1. Copies of documents for certifications and attestations must be made from the official Commission document and must be copied by the Commission's dissemination contractor – not by the requester.
2. All requests for certified documents should be made on SEC Form 86. The form should be completed in full, with all supporting documentation attached, and given to the PRR staff. The requester will be billed by the dissemination contractor for photocopying charges and by the Commission for certification charges.
3. A minimum of seven business days is necessary for processing certification requests for six or fewer current documents. Certifications of more than six current documents, or of voluminous documents, or of documents that must be retrieved from the FRC, will be treated as special projects. Thus, the response time will vary depending upon the location and amount of material involved.
Copying Services
1. Self-service copying is available in the PRR.
2. Self-service copying machine usage is limited to 15 minutes when others are waiting.
3. All copying shall cease no later than 4:45 p.m. each day.
4. The Commission's dissemination contractor has posted a copy of the current rate schedule for copying and services in the PRR. (The dissemination contractor is a firm that has a contract with the Commission to provide to the public copies of official Commission records and other Commission information.)
II. Terms for Use of Public Reference Room
1. Visitors shall not destroy, mutilate, or deface the PRR, PRR materials, or any other Commission property, or create a safety hazard on Commission premises.
2. Visitors are not permitted to remove any official or original reference materials from the PRR.
3. Visitors are not permitted to enter non-public areas of the PRR, including but not limited to, the area behind the reference counter and staff areas, except with the prior consent of the PRR managers.
4. Eating, drinking, and smoking are not permitted in the PRR.
5.Visitors must not engage in disruptive conduct or use obscene, rude, or abusive language in the PRR. Visitors are not permitted to engage in any activity which interferes with the use of the facilities by others or which interferes with the work of any Commission employee.
6.Visitors must have all items in their possession inspected by the security agent before leaving the PRR. This includes, but is not limited to, briefcases, handbags, and jackets. In addition, all PRR visitors are subject to spot checks by PRR managers.
7. Visitors must follow the procedures for requesting or charging out documents before they will be permitted to use PRR materials.
8. Electrical outlets in the PRR may not be used without the prior written authorization of the PRR managers.
9. Visitors are not permitted to bring any microfiche into the PRR.
10. Mail deliveries and pickups in the PRR are prohibited. Visitors having PRR materials picked up for delivery to another location should make arrangements for the pickup to occur somewhere other than in the PRR.
11. Public telephone and computer terminal usage is limited to 15 minutes when others are waiting. Visitors needing assistance with obtaining copies of filings or needing assistance with the computer terminals (including assistance for technical problems) should contact the staff at the reference counter.
12. Visitors are not permitted to bring electronic appliances or equipment of any kind into the PRR. This includes, but is not limited to, personal computers, duplicating, scanning or imaging devices and walkie-talkies, radios and other personal listening devices. This does not include cellular telephones or pagers.
III. Effects of Violations of Rules or Laws
Violation of any law, regulation, rule or procedure that applies to the use of federal premises is subject, in the Commission's discretion, to any one, or any combination, of the actions or restrictions set forth here, or that otherwise are available under federal law. Factors that the Commission will consider in determining whether to take action or impose restrictions, and the type or duration of any such action or restriction, include the nature of the offense and whether the person has previously committed an offense. The actions that the Commission may take, or restrictions that the Commission may impose, for offenses, include but are not limited to the following:
1. Visitors may be required to reimburse the Commission for the cost of lost or stolen paper filings or microfiche charged out to the visitor.
2. Visitors may be required to reimburse the Commission for any damage to Commission property.
3. The Commission may restrict the number of paper filings or microfiche that the offender may charge out or the length of time the materials may be charged out.
4. The Commission may restrict or bar access to the PRR for specified periods.
IV. Procedure for Taking Measure for Violations
In the event the Commission, in its discretion and acting through the authority delegated to the Executive Director, has reason to believe that a visitor has violated a law or rule, the following procedures will apply:
1. After any investigation deemed necessary, the designee of the Executive Director will provide written notice of proposed action to the visitor. The written notice will describe the conduct underlying the proposed action and will state the nature of the action or restriction proposed to be taken.
2. The designated visitor will receive a copy of the written notice either by hand delivery, certified mail, or overnight service. Receipt will be acknowledged on a form containing the date of delivery and the visitor's signature.
3. PRR visitors who wish to contest a proposed action must do so in writing and must address their submission to the Executive Director, Securities and Exchange Commission, 450 Fifth Street, N. W., Stop 11-1, Washington, D. C. 20549. Such submissions should include all facts the visitor believes are relevant to the proposed action and must be mailed, by registered or certified mail, no later than ten working days after the date of receipt of the notice of proposed action.
4. After receipt of any response to the proposed action, or if no response is received within the time provided herein, the Executive Director will issue a final notice of action which will be delivered to the visitor and/or the visitor's employer, if appropriate, by overnight service.
5. A PRR visitor against whom an action has been taken for violation of any law, rule, regulation or procedure in effect in the PRR may appeal to the Commission in accordance with 17 C. F. R. 201. 430.
Kenneth A. Fogash
Associate Executive Director, August 10, 2004
Approved by Name, Title, and Date
http://www.sec.gov/info/edgar/prrrules.htm
