§2105.21. When will the Agency deny a request or procedural benefits?
45 C.F.R. § 2105.21
The Agency denies a request when it makes a decision that—
A requested record is exempt, in full or in part;
The request does not reasonably describe the records sought;
A requested record does not exist, cannot be located, or is not in the Agency's possession and/or control; or
A requested record is not readily reproducible in the form or format you seek.
The Agency denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:
A fee waiver, or another fee-related issue, will not be granted; or
Expedited processing will not be provided.
The Agency must consult with legal counsel before it denies a fee waiver request or withholds all or part of a requested record.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538.
Source
Source: 84 FR 27722, June 14, 2019, unless otherwise noted.