(a)
(b)
(c)
(i) A component shall inform the requester:
(A) Of any fees charged under § 4.11; and
(B) That the requester may contact the relevant FOIA Public Liaison or FOIA contact for further assistance.
(ii) The component shall also disclose records to the requester promptly upon payment of any applicable fees.
(iii) Records disclosed in part shall be marked or annotated to show the applicable FOIA exemption(s) and the amount of information deleted, unless doing so would harm an interest protected by an applicable exemption. The location of the information deleted shall also be indicated on the record, if feasible.
(2)
(i) An adverse determination may be a denial of a request and includes decisions that:
(A) The requested record is exempt, in whole or in part.
(B) The request does not reasonably describe the records sought and the requester is unwilling to further clarify the request.
(C) The information requested is not a record subject to the FOIA.
(D) The requested record does not exist, cannot be located, or has previously been destroyed.
(E) The requested record is not readily reproducible in the form or format sought by the requester.
(ii) Adverse determinations may also include:
(A) Denials of requested fee category status.
(B) Denials of requests for fee waivers.
(C) Denials of requests for expedited processing.
(D) Denials of requests for reduction of fees.
(3)
(i) The name and title or position of the person responsible for the denial;
(ii) A brief statement of the reason(s) for the denial, including any FOIA exemption(s) applied by the component in denying the request;
(iii) An estimate of the volume of any records or information withheld, by providing the number of pages or some other reasonable form of estimation. This estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part, or if providing an estimate would harm an interest protected by an applicable FOIA exemption;
(iv) A statement advising the requester of the right to seek dispute resolution services from the Department FOIA Public Liaison, the relevant component FOIA Public Liaison or FOIA contact, or OGIS; and
(v) A statement that the denial may be appealed under § 4.10, and a list of the requirements for filing an appeal set forth in § 4.10(b).
(d) All responses shall be made subject to the provisions of § 4.25(b)(2)(iv).