Section 329IAC3.1-2-13. Initial denials of requests

   (a) An initial denial of a request may be issued only for the following reasons:

(1) A statutory provision, provisions of this article, or court order requiring that the information not be disclosed.

(2) The record is exempt from mandatory disclosure under IC 5-14-3-4, IC 13-14-11, IC 13-22-7-1, or 329 IAC 6.1.

(3) 329 IAC 6.1 requires initial denial because a third person must be consulted in connection with a business confidentiality claim.

  (b) Each initial determination to deny a request shall:

(1) be written, signed, and dated;

(2) identify the records that are being withheld; and

(3) state the basis for denial of each record being withheld.

However, no initial determination shall reveal the existence or nonexistence of records if identifying the mere fact of the existence or nonexistence of those records would reveal confidential business information, confidential personal information, or a confidential investigation. Instead of identifying the existence or nonexistence of the records, the initial determination shall state that the request is denied because either the records do not exist or they are exempt from mandatory disclosure under the applicable provision of IC 5-14-3-4, IC 13-14-11, IC 13-22-7-1, or 329 IAC 6.1.

  (c) Each initial determination which denies, in whole or in part, a request for one (1) or more existing, located IDEM records shall state that the requestor may appeal the initial denial by filing a written appeal with the technical secretary of the SWMB in accordance with IC 4-21.5-3-7. Alternatively, the requestor may appeal the initial denial to court, under IC 5-14-3-9.

  (d) A determination shall be deemed issued on the date the determination letter is placed in the IDEM mailing channels for first class mailing to the requestor, delivered to the U.S. Postal Service for mailing, or personally delivered to the requestor, whichever date occurs first. (Solid Waste Management Division; 329 IAC 3.1-2-13; filed Jan 24, 1992, 2:00 p.m.: 15 IR 914; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)