[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR294.108]

[Page 107]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 294_AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents
 
  Subpart A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act
 
Sec. 294.108  Procedures for obtaining records.

    (a) Mailing or delivering a request. Any person may ask for records 
under section 552 of title 5, United States Code, by directing a letter 
to one of the organizations listed in Sec. 294.107, or by delivering a 
request in person at the addresses listed in that section during 
business hours on a regular business day.
    (b) Proper marking. Each request for records should have a clear and 
prominent notation on the first page, such as ``Freedom of Information 
Act Request.'' In addition, if sent by mail or otherwise submitted in an 
envelope or other cover, mark the outside clearly and prominently with 
``FOIA Request'' or ``Freedom of Information Act Request.''
    (c) Contents of request letter. A request must describe the records 
sought in sufficient detail to enable OPM personnel to locate the 
records with a reasonable amount of effort.
    (1) OPM will regard a request for a specific category of records as 
fulfilling the requirements of this paragraph, if it enables responsive 
records to be identified by a technique or process that is not 
unreasonably burdensome or disruptive to OPM operations.
    (2) Whenever possible, a request should include specific information 
about each record sought, such as the date, number, title or name, 
author, recipient, and subject matter of the record.
    (3) If an OPM organization determines that a request does not 
reasonably describe the records sought, it will either provide notice of 
any additional information needed or otherwise state why the request is 
insufficient. OPM will also offer the record seeker an opportunity to 
confer, with the objective of reformulating the request so that it meets 
the requirements of this section.
    (d) Medical records. OPM or another Government agency may disclose 
the medical records of an applicant, employee, or annuitant to the 
subject of the record, or to a representative designated in writing. 
However, medical records may contain information about an individual's 
mental or physical condition that a prudent physician would hesitate to 
give to the individual. Under such circumstances, OPM may disclose the 
records, including the exact nature and probable outcome of the 
condition, only to a licensed physician designated in writing for that 
purpose by the individual or his or her designated representative.
    (e) Publications. If the subject matter of a request includes 
material published and offered for sale (e.g., by the Superintendent of 
Documents, Government Printing Office), OPM will explain where a person 
may review and/or purchase the publications.
    (f) Responses within 10 working days. Except in unusual 
circumstances (as defined in 5 U.S.C. 552(a)(6)(B)), OPM will determine 
whether to disclose or deny records within 10 working days after receipt 
of the request (excluding weekends and holidays) and will provide notice 
immediately of its determination and the reasons therefor, and of the 
right to appeal any adverse determination.

[54 FR 25094, June 13, 1989, as amended at 58 FR 32044, June 8, 1993]