---
kind: "section"
citation: "1 C.F.R. § 304.23"
title: "1"
number: "304.23"
heading: "Responses to requests for access to records."
url: "https://uscodex.org/cfr/1/304.23"
---

# §304.23. Responses to requests for access to records.

- (a) **Acknowledgments of requests.** On receipt of a request, the agency ordinarily will send an acknowledgment letter to the requester that will confirm the requester's agreement to pay fees under [§ 304.21(c)](/cfr/1/304.21.md?p=c) and provide an assigned request number for further reference. In some cases, the agency may seek further information or clarification from the requester.
- (b) **Grants of requests for access.** Once the agency makes a determination to grant a request for access in whole or in part, it will notify the requester in writing. The agency will inform the requester in the notice of any fee charged under [§ 304.27](/cfr/1/304.27.md) and will disclose records to the requester promptly on payment of any applicable fee. If a request is made in person, the agency may disclose records to the requester directly, in a manner not unreasonably disruptive of its operations, on payment of any applicable fee and with a written record made of the grant of the request. If a requester is accompanied by another person, the requester will be required to authorize in writing any discussion of the records in the presence of the other person.
- (c) **Adverse determinations of requests for access.** Upon making an adverse determination denying a request for access in any respect, the agency will notify the requester of that determination in writing. Adverse determinations, or denials of requests consist of: a determination to withhold any requested record in whole or in part; a determination that a requested record does not exist or cannot be located; a determination that what has been requested is not a record subject to the Privacy Act; a determination on any disputed fee matter; and a denial of a request for expedited treatment. The notification letter will include:
  - (1) The name and title or position of the person responsible for the denial;
  - (2) A brief statement of the reason(s) for the denial, including any Privacy Act exemption(s) applied in denying the request; and
  - (3) A statement that the denial may be appealed under [§ 304.24(a)](/cfr/1/304.24.md?p=a) and a description of the requirements of [§ 304.24(a)](/cfr/1/304.24.md?p=a).

## Notes

### Authority

Authority: 5 U.S.C. 552a, 591-96.

### Source

Source: 76 FR 18635, Apr. 5, 2011, unless otherwise noted.