15.106—How will HUD respond to my request?
(a) Who will respond to my request?
(1)
The FOIA Office of the Office of the Executive Secretariat in the Office of Administration in HUD Headquarters and the FOIA liaisons in each HUD Field Office are authorized to release copies of any HUD records unless disclosure is clearly not appropriate under FOIA.
(2)
The FOIA Office of the Office of the Executive Secretariat in the Office of Administration in HUD Headquarters and the FOIA liaisons in each HUD Field Office may deny a request for a record in accordance with the provisions of FOIA and this part.
(b) What type of response will I receive?
Within the time limit described in § 15.104, HUD will either:
(2)
Advise you that HUD will not give you some or all of the records you requested. Any denial or partial denial of a requested record must be concurred in by the FOIA Office of the Office of the Executive Secretariat in the Office of Administration in HUD Headquarters, by counsel in the Field Offices, or by counsel in HUD's Departmental Enforcement Center Satellite Offices. In this case, HUD will:
(i)
Explain why it has decided not to comply fully with your request, citing specific exemptions where applicable;
(ii)
Describe the records denied or, if there are fewer than 21 records denied, list them specifically;
(iii)
Estimate the volume of the records denied unless doing so would harm a protected interest; and
(iv)
Explain how to appeal that decision, and provide the name and address of the HUD official to whom you should submit your appeal.
(3)
Tell you that HUD's estimate of the fee is more than you have agreed to pay and ask to confer within 10 days to see if you can reformulate your request so that HUD can meet your request at a fee that is acceptable to you; or
(4)
Tell you that you will not receive a response until you have either paid your fee or committed to the amount of fee you will pay, as applicable, and will provide you 10 days to pay, or commit to pay, the fee.
(5)
If you requested expedited processing, advise you whether your request is granted or denied and, if your request is denied, advise you of your right to appeal.
(c) What action may HUD take if I fail to respond?
If you fail to respond within a period specified in this subpart, HUD may consider your request for records withdrawn and may terminate processing of your request.