[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR502.11]



[Page 14]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 502_PUBLIC INFORMATION-FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec. 502.11  Actions on requests.



    (a) The Administrative Officer or any employee acting in that 

official's capacity will determine within twenty days (excepting 

Saturdays, Sundays, and legal public holidays) after the receipt of any 

a request whether to comply with the request. Upon receipt of a request 

for a Commission record which is available, the Administrative Officer 

or other employee will notify the requester as to the time the record is 

available, and will promptly make the record available after advising 

the requester of the applicable fees under Sec. 502.13. The person 

making the request will be notified immediately after any adverse 

determination, the reasons for making the adverse determination and the 

right of the person to appeal.

    (b) Any denial of a request for a record will be written and signed 

by the Administrative Officer or other employee, including a statement 

of the reason for denial. That statement will contain, as applicable:

    (1) A reference to the specific exemption under the Freedom of 

Information Act authorizing the withholding of a record, and to the 

extent consistent with the purpose of the exemption, an explanation of 

how the exemption applies to the record withheld.

    (2) If a record requested does not exist, or has been legally 

disposed of, the requester will be so notified.

    (c) In unusual circumstances, the time limit prescribed in paragraph 

(a) of this section may be extended by written notice to the person 

making the request setting forth the reasons for the extension and the 

date on which a determination is expected to be dispatched. No extension 

notice will specify a date that would result in an extension for more 

than twenty working days. As used in this paragraph, ``unusual 

circumstances'' means, but only to the extent reasonably necessary to 

the proper processing of the particular request--

    (1) The need to search for and collect the requested records from 

other establishments that are separate from the office processing the 

request;

    (2) The need to search for, collect, and appropriately examine a 

voluminous amount of separate and distinct records which are demanded in 

a single request; or

    (3) The need for consultation, which will be conducted with all 

practicable speed, with another agency having a substantial interest in 

the determination of the request or among two or more components of the 

agency having substantial subject-matter interest therein.