Section 19-3207. REVIEW OF DENIALS

 

3207.1Any person denied the right to inspect a record of the Commission, in whole or in part, may petition the Commission Board of Directors (the “Board”) to review the requested record to determine whether it may be withheld from inspection.  Such determination shall be made in writing, with a statement of reasons therefor, within ten days (excluding Saturdays, Sundays, and legal public holidays) of the submission of the petition.

 

3207.2A petition to the Board shall be in writing, and shall include a copy of the request, a statement of the circumstances, reasons or arguments advanced in support of disclosure, and a copy of any written denial.

 

3207.3If the Board denies the petition or does not make a determination within the time prescribed, or if the requestor is deemed to have exhausted his/her administrative remedies, the requestor may institute proceedings for injunctive or declaratory relief in the Superior Court for the District of Columbia.

 

3207.4If the Board decides that the requested record may not be withheld, it shall direct the executive director to disclose the record immediately.  If the executive director continues to withhold the requested record, the requestor may institute proceedings in the Superior Court for the District of Columbia to compel disclosure of the requested record.

 

source

Final Rulemaking published at 42 DCR 5232, 5241 (September 15, 1995).