When denying a request in any respect, the Board shall notify the requestor of that determination in writing. The types of denials include:
Denials of requests, consisting of a determination:
To withhold any requested record in whole or in part;
That a requested record does not exist or cannot be located;
That a record is not readily reproducible in the form or format sought;
That what has been requested is not a record subject to the FOIA; and
That the material requested is not a Board record (e.g., material produced by another agency or organization).
A determination on any disputed fee matter, including a denial of a request for a fee waiver.
A denial of a request for expedited processing.
The denial letter shall be signed by the Director of Administration, the Deputy Director, or their designee, and shall include all of the following:
The name and title of the person responsible for the denial.
A brief statement of the reason(s) for the denial, including any FOIA exemptions applied in denying the request.
An estimate of the volume of records withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if it would harm an interest protected by an applicable exemption.
A statement that the denial may be appealed under § 1303.114 and a description of the requirements of § 1303.114.
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