---
kind: "section"
citation: "45 C.F.R. § 2105.21"
title: "45"
number: "2105.21"
heading: "When will the Agency deny a request or procedural benefits?"
url: "https://uscodex.org/cfr/45/2105.21"
---

# §2105.21. When will the Agency deny a request or procedural benefits?

- (a) **The Agency 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 Agency's possession and/or control; or
  - (4) **A requested record is not readily reproducible in the form or format you seek.**
- (b) The Agency 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 Agency must consult with legal counsel before it denies a fee waiver request or withholds all or part of a requested record.

## Notes

### 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.