Current through November 30, 2024
Section 1602.12 - Denials(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) . 81 FR 91039 , 12/16/2016; 81 FR 75332 , 12/15/2016