[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR2002.21]

[Page 93-94]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER XII--OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND 
                            URBAN DEVELOPMENT
 
PART 2002--AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents
 
Sec. 2002.21  Authority to deny requests for records and form of denial.

    (a) An Assistant Inspector General may deny a request for a record. 
Any denial will:
    (1) Be in writing;
    (2) State simply the reasons for the denial;
    (3) State that review of the denial by the Inspector General of HUD 
may be requested;
    (4) Set forth the steps for obtaining review consistent with 
Sec. 2002.25; and
    (5) Be signed by the Assistant Inspector General responsible for the 
denial.
    (b) The classes of records authorized to be exempted from disclosure 
by the Freedom of Information Act (5 U.S.C. 552) are those which concern 
matters that are:
    (1)(i) Specifically authorized under criteria established by an 
executive order to be kept secret in the interest of national defense or 
foreign policy; and
    (ii) Are in fact properly classified under the cited executive 
order;
    (2) Related solely to the internal personnel rules and practices of 
HUD;
    (3) Specifically exempted from disclosure by statute (other than 
section 552b of title 5), provided that the statute either:
    (i) Requires that the matters be withheld from the public in a 
manner that leaves no discretion on the issue; or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information that are 
obtained from a person and are privileged or confidential;
    (5) Inter-agency or intra-agency memoranda or letters that would not 
be available by law to a party other than an agency in litigation with 
HUD;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;

[[Page 94]]

    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a state, local, or foreign agency or 
authority, or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential 
source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if the disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual;
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial institutions; 
or
    (9) Geological and geophysical information and data, including maps, 
concerning wells.
    (c) With regard to a request for commercial or financial 
information, predisclosure notification to business submitters is 
required by Executive Order 12600 (3 CFR, 1987 Comp., p. 235) to afford 
the business submitter an opportunity to object to disclosure of the 
requested information.
    (d) Any reasonably segregable portion of a record shall be provided 
to any person requesting the record, after deletion of the portions that 
are exempt under this section.

[57 FR 2228, Jan. 21, 1992, as amended at 59 FR 14098, Mar. 25, 1994]