Current through Register Vol. 46, No. 39, September 25, 2024
(a) Records requests shall be in
writing.
(b) A request shall
reasonably describe the record or records sought. Whenever possible, a person
requesting records should supply information regarding dates, file designations
or other information that may help to describe the records sought.
(c) A response shall be given within five
business days of receipt of request by:
(1)
informing a person request records that the request or portion of the request
does not reasonably describe the records sought, including direction, to the
extent possible, that would enable that person to request records reasonably
described;
(2) granting or denying
access to records in whole or in part;
(3) acknowledging the receipt of a request in
writing, including an approximate date when the request will be granted or
denied in whole or in part, which shall be reasonable under the circumstances
of the request and shall not be more than 20 business days after the date of
the acknowledgment, or if it is known that circumstances prevent disclosure
within 20 business days from the date of such acknowledgment, providing a
statement in writing indicating the reason for inability to grant the request
within that time and a date certain, within a reasonable period under the
circumstances of the request, when the request will be granted in whole or in
part; or
(4) if the receipt of
request was acknowledged in writing and included an approximate date when the
request would be granted in whole or in part within 20 business days of such
acknowledgment, but circumstances prevent disclosure within that time,
providing a statement in writing within 20 business days of such acknowledgment
specifying the reason for the inability to do so and a date certain, within a
reasonable period under the circumstances of the request, when the request will
be granted in whole or in part.
(d) In determining a reasonable time for
granting or denying a request under the circumstances of a request, personnel
shall consider the volume of a request, the ease or difficulty in locating,
retrieving or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed, the
number of requests received by the agency, and similar factors that bear on the
ability to grant access to records promptly and within a reasonable
time.
(e) A failure to comply with
the time limitations described herein shall constitute a denial of a request
that may be appealed. Such failure shall include situations in which an officer
or employee:
(1) fails to grant access to the
records sought, deny access in writing or acknowledge the receipt of a request
within five business days of the receipt of a request;
(2) acknowledges the receipt of a request
within five business days but fails to furnish an approximate date when the
request will be granted or denied in whole or in part;
(3) furnishes an acknowledgment of the
receipt of a request within five business days with an approximate date for
granting or denying access in whole or in part that is unreasonable under the
circumstances of the request;
(4)
fails to respond to a request within a reasonable time after the approximate
date given or within 20 business days after the date of the acknowledgment of
the receipt of a request;
(5)
determines to grant a request in whole or in part within 20 business days of
the acknowledgment of the receipt of a request, but fails to do so, unless the
agency provides the reason for its inability to do so in writing and a date
certain within which the request will be granted in whole or in part;
(6) does not grant a request in whole or in
part within 20 business days of the acknowledgment of the receipt of a request
and fails to provide the reason in writing explaining the inability to do so
and a date certain by which the request will be granted in whole or in part;
or
(7) responds to a request,
stating that more than 20 business days is needed to grant or deny the request
in whole or in part and provides a date certain within which that will be
accomplished, but such date is unreasonable under the circumstances of the
request.
