700 FREEDOM OF INFORMATION ACT REQUESTS

700.1 This chapter shall apply to all Freedom of Information Act (FOIA) requests for access to or copies of Commission records made pursuant to D.C. Law 1-96, D.C. Code §§1-1521 through 1-1529 (1981 Ed.).700.2 The General Counsel shall be designated as the FOIA Officer of the Commission.700.3 Any person requesting copies of Commission records, or access to Commission records, pursuant to the FOIA, shall submit the request to the General Counsel.700.4 For the purposes of this chapter, a 'request' means a single demand for any number of documents made at one time to the General Counsel.700.5 When a request is made in writing, both the envelope and the letter shall clearly indicate that the subject is a freedom of information request.700.6 While oral requests may be honored, a person may be asked to submit in writing a request for records not customarily made available.700.7 A request shall reasonably describe the desired record. Where possible, specific information regarding dates, files, titles, file designation, or other identifying information, shall be supplied.700.8 Where the information supplied by the requesting party is not sufficient to permit the identification and location of the record without an unreasonable amount of effort, the person requesting the record shall be contacted and asked to supply the necessary information. Every reasonable effort shall be made by the Commission's employees to assist in the identification and location of requested records.700.9 Commission employees may continue to furnish to the public, informally and without compliance with these procedures, information and records which they customarily furnish in the regular performance of their duties.700.10 The Secretary of the Commission shall maintain for public inspection a FOIA Docket. Except as provided in §700.11 the docket shall contain the following information:- (a) The FOIA request and its date of receipt;

- (b) A copy of all correspondence relating to the request;

- (c) The General Counsel's disposition of the request;

- (d) If denied, in whole or in part, the exemption invoked;

- (e) The date of the General Counsel's response; and

- (f) The amount of fees collected for services rendered.700.11 Where the release of the identity of the person requesting the record, or other identifying details related to the request would constitute a clearly unwarranted invasion of personal privacy, the Secretary shall delete identifying details from the copies of the documents maintained in the public files.700.12 On or before the 31st day of March of each calendar year, the Secretary shall compile and submit to the Commission a FOIA report containing the following information:

(a) Total number of requests made to the General Counsel;

(b) The number of requests granted and denied, in whole or in part;

(c) The number of times each exemption was invoked as the basis for non-disclosure; and

(d) The amount of fees collected, and the amount of fees for duplication and search waived by the General Counsel.

700.13 When a requested record has been identified and is available, the General Counsel shall notify the person requesting the record as to where and when the record is available for inspection or copies will be available. The notification shall also advise the person of any applicable fees.

700.14 A response denying a written request for a record shall be in writing and shall include the following information:

(a) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation of how each exemption applies to the record withheld and a statement of the public interest considerations which establish the need for withholding the record. Where more than one (1) record has been requested and is being withheld, the foregoing information shall be provided for each record withheld; and

(b) A statement of the appeal rights provided by the FOIA.

700.15 When a request for records has been denied in whole or in part by the General Counsel the person requesting the record may, pursuant to D.C. Code §1-1527 (1981 Ed.), appeal the denial to the Mayor or may seek immediate judicial review of the denial in the Superior Court.

700.16 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requesting party shall be so notified.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Title 11 of the District of Columbia Administrative Procedure Act, P.L. 90-614, as amended by § 2 of the Freedom of Information Act of 1976, D.C. Law 1-96, D.C. Code § 1-1521 et seq. (1981 Ed.).

SOURCE: Final Rulemaking published at 33 DCR 7053 (November 14, 1986).