D.C. Mun. Regs. tit. 15, r. 15-702

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 15-702 - TIME LIMITATIONS

702.1

Within fifteen (15) days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of a request, the FOIA Officer shall determine whether to comply with or to deny the request and shall dispatch their determination to the requesting party, unless an extension is made under § 702.3.

702.2

For purposes of this section, a request is deemed "received" when the FOIA Officer receives the request submitted in compliance with § 701. If the requester must be contacted for additional information, as set forth in § 701.4, the request is deemed received when the FOIA Officer receives the additional information.

702.3

In unusual circumstances, the Commission may extend the time for determination on a request up to a total of ten (10) days (excluding Saturdays, Sundays, and legal public holidays). For purposes of this section, "unusual circumstances" means, but only to the extent necessary for the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are included in a single request; or

(b) The need for consultation with another agency having a substantial interest in the determination of the request, or for coordination among two (2) or more Offices of the Commission having substantial interest in the subject matter of the request.

702.4

If no determination has been dispatched at the end of the fifteen (15) day period, or the extension thereof, the requester may deem their request denied, and exercise a right of appeal in accordance with § 706.

702.5

When no determination can be dispatched within the applicable time limit, the FOIA Officer shall continue to process the request. On the expiration of the time limit, the FOIA Officer shall inform the person requesting the record of the following:

(a) The reason for the delay;

(b) The date on which a determination may be expected;

(c) The right to treat the delay as a denial; and

(d) The appeal rights as provided in § 706.

702.6

The FOIA Officer may ask the person requesting the record to forego appeal under § 706 until a determination is made.

D.C. Mun. Regs. tit. 15, r. 15-702

Final Rulemaking published at 68 DCR 13097 (12/10/2021)