§ 4901.14 - Action on request.

§ 4901.14 Action on request.

Cross Reference

Link to an amendment published at 87 FR 43995, July 25, 2022.

(a) Time for action. Promptly and in any event within 10 20 working days after receipt of a disclosure request (subject to extension under § 4901.16), the disclosure officer shall Disclosure Officer will take action with respect to each requested item (or portion of an item) under either paragraph (b), (c), or (d) of this section. When responding to a request under paragraph (b), (c), or (d) of this section, the disclosure officer will notify the requester of the requester's right to seek assistance from the PBGC's FOIA Public Liaison and will provide information about how to contact the FOIA Public LiaisonFollowing receipt, PBGC may ask the requester for information once and toll the 20-day period until PBGC receives such information.

(b) Request granted. If the disclosure officer Disclosure Officer determines that the disclosure request should will be granted, PBGC will so advise the requester shall be so advised and and will promptly make the records shall be promptly made available to the requester. PBGC will accommodate any specification of the preferred form or format for the sought record as stated in the request, if the record is readily reproducible in the preferred form or format.

(c) Request denied. If the disclosure officer Disclosure Officer determines that the disclosure request should will be denied, PBGC will so advise the requester shall be so advised in writing with a brief statement of the reasons for the denial, including, if applicable, a reference to the specific exemption(s) authorizing the denial and an explanation of how each such exemption applies to the matter withheld. The denial shall also include the name and title or position of the person

(

s) responsible for the denial, outline the appeal procedure available, and notify the requester of the right to seek dispute resolution services from the PBGC's FOIA Public Liaison or the Office of Government Information Services.

(d)Records not promptly located. As to records that are not located in time to make an informed determination, the disclosure officer may deny the request If the Disclosure Officer determines that, despite a reasonably calculated search to uncover all relevant documents, the requested records could not be located, PBGC will issue a “no-records” response, and so advise the requester in writing with an explanation of the circumstances and notice of the requester's right to seek dispute resolution services from the PBGC's FOIA Public Liaison or the Office of Government Information Services. The denial shall also .

(e) Information for requester. Written responses issued under paragraph (c) or (d) of this section will include the name and title

or position

of the person(s) responsible for the denial, outline the appeal procedure available, and

advise

notify the requester

that the search or examination will be continued and that the denial may be withdrawn, modified, or confirmed when processing of the request is completed. [61 FR 34123, July 1, 1996, as amended at 82 FR 26992, June 13, 2017

of the right to seek dispute resolution services from a PBGC FOIA Public Liaison or the Office of Government Information Services.

[87 FR 43995, July 25, 2022]