---
kind: "section"
citation: "43 C.F.R. § 2.23"
title: "43"
number: "2.23"
heading: "When will the bureau deny a request or procedural benefits?"
url: "https://uscodex.org/cfr/43/2.23"
---

# §2.23. When will the bureau deny a request or procedural benefits?

- (a) **A bureau denies a request when it makes a decision that—**
  - (1) A requested record is exempt, in full or in part;
  - (2) The request does not reasonably describe the records sought;
  - (3) A requested record does not exist, cannot be located, or is not in the bureau's possession and/or control; or
  - (4) **A requested record is not readily reproducible in the form or format you seek.**
- (b) A bureau denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:
  - (1) A fee waiver, or another fee-related issue, will not be granted; or
  - (2) Expedited processing will not be provided.
- (c) The bureau must consult with the Office of the Solicitor before it denies a fee waiver request or withholds all or part of a requested record (unless the Office of the Solicitor has expressly preapproved such a withholding).

## Notes

### Amendments

[77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11129, Mar. 3, 2016; 84 FR 61828, Nov. 14, 2019]

### Source

Source: 77 FR 76902, Dec. 31, 2012, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

### Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

### Amendments

[77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11129, Mar. 3, 2016; 84 FR 61828, Nov. 14, 2019]