§ 1007.6. Time limits for processing initial requests.
480 words·~2 min read·
/us/cfr/t36/s§ 1007.6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Basic limit. Requests for records shall be processed promptly. A determination whether to grant or deny a request shall be made within 20 working days after receipt of a request. This determination shall be communicated immediately to the requester.
(b)Running of basic time limit.
(1)The 20 working day time limit begins to run when a perfected request meeting the requirements of § 1007.3(b) is received at the Presidio Trust.
(2)The running of the basic time limit may be delayed or tolled as explained in § 1007.9(f),
(g)and
(h)if a requester:
(i)Has not stated a willingness to pay fees as high as are anticipated and has not sought and been granted a full fee waiver; or
(ii)Has not made a required advance payment.
(c)Extensions of time. In the following unusual circumstances, the time limit for acting on an initial request may be extended to the extent reasonably necessary to the proper processing of the request, but in no case may the time limit be extended by more than 20 working days:
(1)The need to search for and collect the requested records from facilities or other establishments that are separate from the main office of the Presidio Trust;
(2)The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request; or
(3)The need for consultation, which shall be conducted with all practicable speed, with another department or agency having a substantial interest in the determination of the request.
(d)Notice of extension. A requester shall be notified in writing of an extension under paragraph
(c)of this section. The notice shall state the reason for the extension and the date on which a determination on the request is expected to be made. When the extension exceeds ten working days, the requester shall be provided with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. The requester shall also be notified of the dispute resolution services offered by the Office of Government Information Services.
(e)Treatment of delay as denial. If no determination has been reached at the end of the 20 working day period for deciding an initial request, or an extension thereof under paragraph
(c)of this section, the requester may deem the request denied and may exercise a right of appeal in accordance with § 1007.7.
(f)Notice of delay. When a determination cannot be reached within the time limit, or extension thereof, the requester shall be notified of the reason for the delay, of the date on which a determination may be expected, and of the right to treat the delay as a denial for purposes of appeal, including a reference to the procedures for filing an appeal in § 1007.7. \[83 FR 50832, Oct. 10, 2018\]