(a) When a requested record has been identified and is available, the General Counsel or his or her designee shall notify the person making the request as to where and when the record is available for inspection or the copies will be available. The notification shall also advise the person making the request of any fees assessed under§ 2502.13 hereof.
(b) A denial or partial denial of a request for a record shall be in writing signed by the General Counsel or his or her designee and shall include:
(1) The name and title of the person making the determination;
(2) A reference to the specific exemption under the Freedom of Information Act authorizing the withholding of the record, and a brief explanation of how the exemption applies to the record withheld; or
(3) A statement that, after diligent effort, the requested records have not been found or have not been adequately examined during the time allowed by§ 2502.9, and that the denial will be reconsidered as soon as the search or examination is complete;
(4) A statement that no agency records are responsive to the request.
(5) A statement that the denial may be appealed to the Deputy Director within 30 days of receipt of the denial or partial denial.
If a requested record cannot be located from the information supplied, or is known to have been destroyed or otherwise disposed of, the person making the request shall be so notified and the legal authority for disposition shall be cited.
[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, July 11, 1984; 56 FR 5742, Feb. 13, 1991]
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