Section 576.310  Response to Requests for Records

a)         Unless otherwise authorized under FOIA, the FOI Officer shall respond to a written request for public records within 5 business days after receipt of the request.

b)         If, for one or more reasons provided in Section 3(e) of FOIA, the request cannot be responded to within 5 business days, the FOI Officer shall have an additional 5 business days in which to respond.  Within the initial 5 business-day period, the FOI Officer shall give the requester written notice of the extension of time to respond.  The notice shall set forth the reasons why the extension is necessary.

c)         When a request for public records has been approved, the Office of the Attorney General may:

1)         provide copies of the requested materials;

2)         give notice that the requested material will be made available upon payment of reproduction costs, if any; or

3)         give notice of the time and place for inspection of the requested material.

d)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of individuals responsible for the decision.  The notice of denial shall also inform the requester of the right to review by the Public Access Counselor established in the Office of the Attorney General and the requester's right to judicial review under Section 11 of FOIA.  Categorical requests creating an undue burden on the Office of the Attorney General shall be denied only after extending to the requester an opportunity to confer with the FOI Officer in an attempt to reduce the request to manageable proportions.

e)         Failure to respond to a written request within 5 business days may be considered by the requester as a denial of the request.

f)         When a request for public records includes some requested material that will be made available and other requested material that will not, the FOI Officer shall approve part of the request by following the procedures set forth in subsection (c) with respect to the requested material that will be made available, and shall deny part of the request by following the procedures set forth in subsection (d) with respect to those documents which are not available for reproduction or inspection.

g)         The FOI Officer shall respond to a request for public records for a commercial purpose within 21 business days after receipt of the request.  Such response shall be in the form indicated in subsections (c), (d) or (f), as appropriate.  The response shall also provide the requester with an estimate of the time required to provide the records and an estimate of the fees to be charged pursuant to the fee provisions of Section 6(f) of FOIA as necessary.