Section 1651.401  Timeline for Agency Response

a)         Except as stated in subsection (b) or (c), the Agency will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt will be considered a denial of the request.  If the Agency fails to respond to a request within the requisite periods in this subsection (a) but thereafter provides the requester with copies of the requested records, it will not impose a fee for such copies.  If the Agency fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 1651.402.  (Section 3 (d) of FOIA)  A written request from the Agency to provide additional information will be considered a response to the FOIA request.  

b)         The time limits prescribed in subsection (a) may be extended for not more than 5 business days from the original due date for any of the following reasons:

1)         The requested records are stored in whole or in part at locations other than the office having charge of the requested records;

2)         The request requires the collection of a substantial number of specified records;

3)         The request is couched in categorical terms and requires an extensive search for the records responsive to it;

4)         The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

5)         The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed only with appropriate deletions;

6)         The request for records cannot be complied with by the Agency within the time limits prescribed by subsection (a) without unduly burdening or interfering with the operations of the Agency; or

7)         There is a need for consultation, which will be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.  (Section 3(e) of FOIA)

c)         The person making a request and the Agency may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Agency agree to extend the period for compliance, a failure by the Agency to comply with any previous deadlines will not be treated as a denial of the request for the records.  (Section 3(e) of FOIA)

d)         When additional time is required for any of the reasons set forth in subsection (b), the Agency will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.  Failure to respond within the time permitted for extension will be considered a denial of the request.  If the Agency fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies.  If the Agency issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 1651.402.  (Section 3(f) of FOIA)