Sec. 340.8. Denial of access to records

(a) Denial of access to records shall be in writing, stating the reason or reasons therefor and advising the person making the request of his right to appeal to the appeals officer, who shall be the departmental general counsel.

(b) Failure to provide records or to acknowledge receipt of a request therefor within the time specified in section 340.6(b) of this Part shall be deemed a denial of access for purposes of section 340.9 of this Part; provided, however, that if the request is acknowledged or the records are provided prior to the time an appeal is initiated, such a failure shall not be deemed a denial.