45 CFR 2105.3 - Action on initial requests.

Code of Federal Regulations - Title 45: Public Welfare (December 2005)


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TITLE 45 - PUBLIC WELFARE

SUBTITLE B - REGULATIONS RELATING TO PUBLIC WELFARE

CHAPTER XXI - COMMISSION OF FINE ARTS

PART 2105 - RULES FOR COMPLIANCE WITH 5 U.S.C. 552, THE FREEDOM OF INFORMATION ACT

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.

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