[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR2105.3]



[Page 520]

 

                        TITLE 45--PUBLIC WELFARE

 

                  CHAPTER XXI--COMMISSION OF FINE ARTS

 

PART 2105_RULES FOR COMPLIANCE WITH 5 U.S.C. 552, THE FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec.  2105.3  Action on initial requests.



    (a) The Secretary will make a determination as to whether or not to 

release requested information. Generally, determination will be made to 

release the requested information if: (1) It is not exempt from 

disclosure or

    (2) It is exempt from disclosure but its withholding is neither 

required by statute, nor supported by sound grounds.

    (b) Determination will be dispatched within ten days, excluding 

Saturdays, Sundays, and legal public holidays, after initial receipt of 

the request.

    (c) In unusual circumstances, the time for initial determination on 

requests may be delayed up to a total of ten additional days, excluding 

Saturdays, Sundays, and legal public holidays and notice of such delay 

shall be dispatched within the first ten days, excluding Saturdays, 

Sundays, and legal public holidays following the initial receipt of the 

request.

    (d) Letters denying access to information will:

    (1) Provide the requester with the reason for the denial.

    (2) Inform the requester of his right to appeal the denial within 30 

days.

    (3) Give the name and title of the official to whom the appeal may 

be sent.

    (4) Give the name and title of the official responsible for the 

denial.