§ 1504.312 - Initial denial of a request.

(a) An initial denial of a request may be issued only for one or more of the following reasons:

(1) The record requested is not known to exist;

(2) The record is not in the OFI's possession;

(3) A statutory provision, a provision of this part, a court order, or an Executive Order requires that the information not be disclosed;

(4) The record is exempt from mandatory disclosure under 5 U.S.C. 552(b), and the OFI has decided that the public interest would not be served by disclosure; or

(5) The record is believed to exist in OFI's possession but has not yet been located (see § 1504.312(e)).

(b) Each initial determination to deny a request shall be written, signed, and dated, and it shall state the basis for denial of a record or any part of a record.

(c) The written denial of a request shall include the name and title of the person(s) participating in a decision to deny that request.

(d) The denial shall state the administrative procedure for appealing a determination against releasing any record or part of a record.

(e) When a request must be denied because the record has not yet been located (although it is believed to exist in OFI's possession), the OFI office responsible for maintaining the record shall both continue to search diligently (until it is located or it appears that the record does not exist or is not in OFI's possession), and also periodically inform the requestor of the office's progress.