§ 902.60 - Initial determination.  


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  • § 902.60 Initial determination.

    (a) An initial determination whether or not to release a record requested under subparts D and E of this part shall be made by the Public Information Offices within 10 workdays after the receipt of a request which complies with § 902.21. Failure of the requester to comply with those provisions may toll the running of the 10 day period until the request is identified as one being made under the Act. This time limit may be extended by up to 10 workdays in accordance with § 902.62.

    (b) Upon making initial determination, the Administrative Officer shall immediately notify the person making the request as to its disposition. If the determination is made to release the requested record, the Administrative Officer shall make the record promptly available. If the determination is to deny the release of the requested record, the Public Information Officer shall immediately notify the requester of the denial and shall provide the following information.

    (1) The reason for the determination, including a reference to the appropriate exemption provided in subpart F of this part;

    (2) The right of the request or to appeal the determination as provided in subpart H of this part; and

    (3) The name and position of each person responsible for the denial of the request.

    [41 FR 43143, Sept. 30, 1976, as amended at 48 FR 17354, Apr. 22, 1983]