§ 271.13. Responses to requests.
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/us/cfr/t12/s§ 271.13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When the Committee receives a perfected request, it will conduct a reasonable search of Committee records in its possession on the date the Committee's search begins and will review any responsive information it locates.
(b)If a request covers documents that were created by, obtained from, or classified by another agency, the Committee may refer the request for such documents to that agency for a response and inform the requester promptly of the referral. To the extent there is confidential supervisory information, as that term is defined by 12 CFR 261.2(b), contained within Committee records, disclosure of such information will be handled in consultation with the Board.
(c)In responding to a request, the Committee will withhold information under this section only if—
(1)The Committee reasonably foresees that disclosure would harm an interest protected by an exemption described in § 271.15(a); or
(2)Disclosure is prohibited by law.
(d)The Committee will take reasonable steps necessary to segregate and release nonexempt information.
(e)The Committee shall notify the requester of:
(1)The Committee's determination of the request;
(2)The reasons for the determination;
(3)An estimate of the amount of information withheld, if any. An estimate is not required if the amount of information 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 exemption;
(4)The right of the requester to seek assistance from the Committee's FOIA Public Liaison; and
(5)When an adverse determination is made, the Committee will advise the requester in writing of that determination and will further advise the requester of:
(i)The right of the requester to appeal any adverse determination within 90 calendar days after the date of the determination, as specified in § 271.14;
(ii)The right of the requester to seek dispute resolution services from the Committee's FOIA Public Liaison or from the Office of Government Information Services; and
(iii)The name and title or position of the person responsible for the adverse determination.
(f)Adverse determinations, or denials of requests, include decisions that the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited treatment.
(g)The Committee will normally send responsive, nonexempt documents to the requester by email but may use other means as arranged between the Committee and the requester or as determined by the Committee. The Committee will attempt to provide records in the format requested by the requester.
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§ 271.13
Responses to requests.
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