Section 851.320  Requests for Records for Commercial Purposes

a)         It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the Agency.  (Section 3.1(c) of FOIA)

b)         The Agency shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt.  The response shall:

1)         Provide to the requester an estimate of the time required by the Agency to provide the records requested and an estimate of the fees to be charged, which the Agency may require the person to pay in full before copying the requested documents;

2)         Deny the request pursuant to one or more of the exemptions set out in Section 851.210 or 851.220;

3)         Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

4)         Provide the records requested. (Section 3.1(a) of FOIA)

c)         Unless the records are exempt from disclosure, the Agency shall comply with a request within a reasonable period, considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. (Section 3.1(b) of FOIA)