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45 CFR § 2105.21 - When will the Agency deny a request or procedural benefits?

---
identifier: "/us/cfr/t45/s2105.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 2105.21 - When will the Agency deny a request or procedural benefits?"
title_number: 45
title_name: "Public Welfare"
section_number: "2105.21"
section_name: "When will the Agency deny a request or procedural benefits?"
chapter_name: "COMMISSION OF FINE ARTS"
part_number: "2105"
part_name: "REQUIREMENTS FOR COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538."
regulatory_source: "84 FR 27722, June 14, 2019, unless otherwise noted."
cfr_part: "2105"
---

# 2105.21 When will the Agency deny a request or procedural benefits?

(a) The Agency denies a request when it makes a decision that:

(1) A requested record is exempt, in full or in part;

(2) The request does not reasonably describe the records sought;

(3) A requested record does not exist, cannot be located, or is not in the Agency's possession and/or control; or

(4) A requested record is not readily reproducible in the form or format you seek.

(b) The Agency denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:

(1) A fee waiver, or another fee-related issue, will not be granted; or

(2) Expedited processing will not be provided.

(c) The Agency must consult with legal counsel before it denies a fee waiver request or withholds all or part of a requested record.