---
kind: "section"
citation: "36 C.F.R. § 1120.34"
title: "36"
number: "1120.34"
heading: "Initial denials of requests."
url: "https://uscodex.org/cfr/36/1120.34"
---

# §1120.34. Initial denials of requests.

- (a) An initial denial of a request may be issued only for the following reasons:
  - (1) The record is not under the A&TBCB's control;
  - (2) The record has been published in the Federal Register or is otherwise published and available for sale;
  - (3) A statutory provision, provision of this part, or court order requires that the information not be disclosed;
  - (4) The record is exempt from mandatory disclosure under [5 U.S.C. 552(b)](/usc/5/552.md?p=b) and the responding office has decided not to disclose it under §§ [1120.41](/cfr/36/1120.41.md) and [1120.42](/cfr/36/1120.42.md);
  - (5) **The record is believed to be in the A&TBCB's custody but has not yet been located.** (See [paragraph (f)](#f) of this section.)
- (b) **Each initial denial of a request shall—**
  - (1) Be written, signed, and dated;
  - (2) Contain a reference to the Request Identification Number;
  - (3) Identify the records that are being withheld (individually or, if the denial covers a large number of similar records, by described category); and
  - (4) State the basis for denial of each record of category of records or any reasonably segregable portion(s) thereof being withheld.
- (c) If the issuance of the determination to deny a request was directed by some A&TBCB officer or employee other than the person signing the determination letter, that other person's identity and position must be stated in the determination letter.
- (d) Each initial determination which denies, in whole or in part, a request for one or more existing, located A&TBCB records must state that the requestor may appeal the initial denial by sending a written appeal to the address shown in [§ 1120.23](/cfr/36/1120.23.md) within 30 days of receipt of the determination. (See [§ 1120.36](/cfr/36/1120.36.md).)
- (e) A determination is deemed issued on the date the determination letter is placed in A&TBCB mailing channels for first class mailing to the requestor, delivered to the U.S. Postal Service for mailing, or personally delivered to the requestor, whichever date first occurs.
- (f) When a request must be denied because the record has not yet been located (although it is believed to be in the A&TBCB's possession), the A&TBCB office responsible for maintaining the record must continue to search diligently until it is located or it appears that the record does not exist or is not in the A&TBCB's possession, and must periodically inform the requestor of the office's progress.

## Notes

### Authority

Authority: 5 U.S.C. 552, the Freedom of Information Act, as amended.

### Source

Source: 45 FR 80976, Dec. 8, 1980, unless otherwise noted.