(a) A denial of a written request for a record that complies with the requirements of § 303.8 shall be in writing and shall include, as applicable:
(1) A reference to the applicable exemption or exemptions in § 303.9(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, if other than the FOIA Officer;
(5) The name and title of the person or persons responsible for denying the request, if other than the FOIA Officer; and
(6) An explanation of the right to appeal the denial and the procedures for submitting an appeal, including the address of the official to whom appeals should be submitted.
(b) A partial deletion of a record made available to a requester shall be deemed a denial of a record for purposes of paragraph (a) of this section. All denials shall be treated as final opinions under § 303.5(b).
Title 22 published on 2014-04-01
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