Section 1-405. TIME LIMITATIONS

 

405.1Within the time prescribed by applicable law following the receipt of a request, the agency shall determine whether to grant or to deny the request and shall dispatch its determination to the requester, unless an extension is made pursuant to §§ 405.2 and 405.3 of this section.

 

405.2In unusual circumstances as specified in § 405.3, the agency may extend the time for initial determination on a request up to the time prescribed by applicable law.

 

405.3An extension shall be made by written notice to the requester, which shall set forth the reason or reasons for the extension. As used in this section "unusual circumstances" means, but only to the extent necessary to 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 demanded in a single request; or

 

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

 

405.4If no determination has been dispatched at the end of the period prescribed by law or the extension thereof, the requester may deem his or her request denied, and exercise a right of appeal in accordance with § 412.

 

405.5When no determination can be dispatched within the applicable time limit, the agency shall nevertheless continue to process the request. On expiration of the time limit, the agency shall inform the requester of the following:

 

(a)The reason for the delay;

 

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

 

(c)The right to treat the delay as a denial and of the appeal rights provided by the Act and this chapter.

 

The agency may ask the requester to forego appeal until a determination is made.

 

405.6For purposes of this chapter, a request is deemed received when the designated Freedom of Information Officer, or agency head in the absence of a designated Freedom of Information Officer, receives the request submitted in compliance with the Act and this chapter. When the Freedom of Information Officer, pursuant to § 402.5, contacts the requester for additional information, then the request is deemed received when the Freedom of Information Officer receives the additional information.

 

source

Final Rulemaking published at 24 DCR 6211, 6212-13 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 54 (January 7, 2005).