(a) The Agency may extend the basic time limit, if unusual circumstances exist, by notifying you in writing of:
- (1) The unusual circumstances involved; and
- (2) The date by which it expects to complete processing the request.
(b) If the processing time will extend beyond a total of 30 workdays, the Agency will:
- (1) Give you an opportunity to limit the scope of the request or agree to an alternative time period for processing; and
- (2) Make available its FOIA Public Liaison (see § 2105.63) to assist in resolving any disputes between you and the Agency, and notify you of your right to seek dispute resolution from the Office of Government Information Services (OGIS).
- (c) If the Agency extends the time limit under this section and you do not receive a response in accordance with § 2105.15(a) in that time period, you may consider the request denied and file an appeal in accordance with the procedures in § 2105.56.
- (d) Your refusal to reasonably modify the scope of a request or arrange an alternative time frame for processing a request after being given the opportunity to do so may be considered for litigation purposes as a factor when determining whether exceptional circumstances exist.