45 CFR §2105.21

1. (a)The Agency denies a request when it makes a decision that:
   1. (1)A requested record is exempt, in full or in part;
   2. (2)The request does not reasonably describe the records sought;
   3. (3)A requested record does not exist, cannot be located, or is not in the Agency's possession and/or control; or
   4. (4)A requested record is not readily reproducible in the form or format you seek.
2. (b)The Agency denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:
   1. (1)A fee waiver, or another fee-related issue, will not be granted; or
   2. (2)Expedited processing will not be provided.
3. (c)The Agency must consult with legal counsel before it denies a fee waiver request or withholds all or part of a requested record.