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§1602.12. Denials.

45 C.F.R. § 1602.12

(a)
A denial of a written request for a record that complies with the requirements of § 1602.8 shall be in writing and shall include the following:
(1)
A reference to the applicable exemption or exemptions in § 1602.10(b) upon which the denial is based;
(2)
An explanation of how the exemption applies to the requested records;
(3)
A statement explaining why it is deemed unreasonable to provide segregable portions of the record after deleting the exempt portions;
(4)
An estimate of the volume of requested matter denied unless providing such estimate would harm the interest protected by the exemption under which the denial is made;
(5)
The name and title of the person or persons responsible for denying the request;
(6)
An explanation of the right to appeal the denial and of the procedures for submitting an appeal, as described in § 1602.13, including the address of the official to whom appeals should be submitted; and
(7)
An explanation of the right of the requester to seek dispute resolution services from a FOIA Public Liaison or the Office of Government Information Services.
(b)
Whenever LSC makes a record available subject to the deletion of a portion of the record, such action shall be deemed a denial of a record for purposes of paragraph (a) of this section.
(c)
All denials shall be treated as final opinions under § 1602.5(b).
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2996g(e).

Source

Source: 81 FR 91039, Dec. 16, 2016, unless otherwise noted.