703 FOIA TIME LIMITATIONS

703.1 Within ten (10) days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of a request, the General Counsel shall determine whether to comply with or to deny the request and shall dispatch his or her determination to the requesting party, unless an extension is made under §§703.2 and 703.3.

703.2 In unusual circumstances as specified in § 703.4 the agency may extend the time for initial determination on a request up to a total of ten (10) days (excluding Saturdays, Sundays, and legal public holidays).

703.3 Extensions shall be made by written notice to the person requesting the record. The notice shall set forth the reason for the extension and the date on which a determination is expected.

703.4 For purposes of 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 for coordination among two (2) or more Offices of the Commission having substantial interest in the subject matter of the request.

703.5 If no determination has been dispatched at the end of the ten (10) day period, or the extension thereof, the requesting party may deem his or her request denied, and exercise a right of appeal in accordance with §700.15 or 700.16.

703.6 When no determination can be dispatched within the applicable time limit, the General Counsel shall continue to process the request. On expiration of the time limit, the General Counsel 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) His or her right to treat the delay as a denial; and

(d) The appeal rights provided by the FOIA.

703.7 The General Counsel may ask the person requesting the record to forego appeal until a determination is made.

703.8 Any failure on the part of the General Counsel to comply with a request under §700, and within the time provisions of §703, shall be deemed a denial of the request.

703.9 The person making the request shall be deemed to have exhausted his or her administrative remedies with respect to that request, unless the person chooses to appeal to the full Commission pursuant to §700.15 or petition the Mayor pursuant to D.C. §1-1527 (1981 Ed.).

SOURCE: Final Rulemaking published at 33 DCR 7053, 7056 (November 14, 1986).