407 RESPONSES TO REQUESTS
407.1 When a requested record has been identified and is available, the agency shall notify the requester where and when the record will be made available for inspection or copies will be made available. The notification shall also advise the requester of any applicable fees.
407.2 A response denying a written request for a record shall be in writing and shall include the following information:
(a) The identity of each person responsible for the denial, if different from that of the person signing the letter of denial;
(b) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record or portion of a record withheld; and
(c) A statement of the appeal rights provided by the Act and this chapter.
407.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.
SOURCE: Final Rulemaking published at 24 DCR 6211, 6215-16 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 57 (January 7, 2005).