[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR15.106]



[Page 182]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 15_PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT 

AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES--Table of 

Contents

 

                Subpart B_FOIA Disclosure of Information

 

Sec.  15.106  How will HUD respond to my request?



    (a) Who will respond to my request? (1) The FOIA Division of the 

Office of General Counsel in HUD Headquarters and the FOIA liaisons in 

each HUD Field Office are authorized to release copies of any HUD 

records unless disclosure is clearly not appropriate under FOIA.

    (2) The FOIA Division in HUD Headquarters and the FOIA liaisons in 

each HUD Field Office may deny a request for a record in accordance with 

the provisions of FOIA and this part.

    (b) What type of a response will I receive? Within the time limit 

described in Sec.  15.103, HUD will either:

    (1) Agree to give you all the records you requested;

    (2) Advise you that HUD will not give you some or all of the records 

you requested. Any denial or partial denial of a requested record must 

be concurred in by the FOIA Division in Headquarters, by counsel in the 

Field Offices, or by counsel in HUD's Departmental Enforcement Center 

Satellite Offices. In this case, HUD will:

    (i) Explain why it has decided not to comply fully with your 

request, citing specific exemptions where applicable;

    (ii) Describe the records denied or, if there are fewer than 21 

records denied, list them specifically;

    (iii) Estimate the volume of the records denied unless doing so 

would harm a protected interest; and

    (iv) Explain how to appeal that decision, and provide the name and 

address of the HUD official to whom you should submit your appeal.

    (3) Tell you that HUD's estimate of the fee is more than you have 

agreed to pay and ask to confer within 10 days to see if you can 

reformulate your request so that HUD can meet your request at a fee that 

is acceptable to you; or

    (4) Tell you that you will not receive a response until you have 

either paid your fee or committed to the amount of fee you will pay, as 

applicable, and will provide you 10 days to pay, or commit to pay, the 

fee.

    (5) If you requested expedited processing, advise you whether your 

request is granted or denied and, if your request is denied, advise you 

of your right to appeal.

    (c) What action may HUD take if I fail to respond? If you fail to 

respond within a period specified in this subpart, HUD may consider your 

request for records withdrawn and may terminate processing of your 

request.