[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1602.11]



[Page 374]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM 

OF INFORMATION ACT--Table of Contents

 

Sec. 1602.11  Denials.



    (a) A denial of a written request for a record that complies with 

the requirements of Sec. 1602.8 shall be in writing and shall include 

the following:

    (1) A reference to the applicable exemption or exemptions in Sec. 

1602.9 (a) 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; and

    (6) An explanation of the right to appeal the denial and of the 

procedures for submitting an appeal, including the address of the 

official to whom appeals should be submitted.

    (b) Whenever the Corporation 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 Sec. 

1602.5(b).