5 C.F.R. § 1631.9 Responses—form and content.
Title 5 - Administrative Personnel
(a) When a requested record has been identified and is available, the FOIA officer shall notify the person making the request as to where and when the record is available for inspection or that copies will be made available. The notification shall also advise the person making the request of any fees assessed under §1631.13 of this part. (b) A denial or partial denial of a request for a record shall be in writing signed by the FOIA Officer and shall include: (1) The name and title of the person making the determination; (2) A statement of fees assessed, if any; and (3) A reference to the specific exemption under the FOIA authorizing the withholding of the record, and a brief explanation of how the exemption applies to the record withheld; or (4) If appropriate, a statement that, after diligent effort, the requested records have not been found or have not been adequately examined during the time allowed by §1631.8, and that the denial will be reconsidered as soon as the search or examination is complete; and (5) A statement that the denial may be appealed to the General Counsel within 30 calendar days of receipt of the denial or partial denial. (c) If, after diligent effort, existing requested records have not been found, or are known to have been destroyed or otherwise disposed of, the FOIA Officer shall so notify the requester.
Title 5: Administrative Personnel
PART 1631—AVAILABILITY OF RECORDS
Subpart A—Production or Disclosure of Records Under the Freedom of Information Act, 5 U.S.C. 552
§ 1631.9 Responses—form and content.
