(a) When the Board receives a perfected request,
it will conduct a reasonable search of Board records in its possession
on the date the Board’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
Board may refer the request for such documents to that agency for
a response and inform the requester promptly of the referral.
(c) In responding to a request, the Board will withhold information
under this section only if—
(1) The Board reasonably foresees that
disclosure would harm an interest protected by an exemption described
in section 261.15(a); or
(2) Disclosure
is prohibited by law.
(d) The Board will take reasonable
steps necessary to segregate and release nonexempt information.
(e) The Board will notify the requester of:
(1) The Board’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 Board’s FOIA Public Liaison; and
(5) When an adverse determination is made,
the Board 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 section 261.14;
(ii) The right of the requester to seek
dispute resolution services from the Board’s FOIA Public Liaison
or 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 Board will normally send responsive,
nonexempt documents to the requester by email but may use other means
as arranged between the Board and the requester or as determined by
the Board. The Board will attempt to provide records in the format
requested by the requester.
