Title 45: Public Welfare
PART 5—FREEDOM OF INFORMATION REGULATIONS
Subpart C—Release and Denial of Records
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§ 5.35 Time limits.
(a) General. FOIA sets certain time limits for us to decide whether to disclose the records you requested, and to decide appeals. If we fail to meet the deadlines, you may proceed as if we had denied your request or your appeal. We will try diligently to comply with the time limits, but if it appears that processing your request may take longer than we would wish, we will acknowledge your request and tell you its status. Since requests may be misaddressed or misrouted, you should call or write to confirm that we have the request and to learn its status if you have not heard from us in a reasonable time.
(b) Time allowed. (1) We will decide whether to release records within 10 working days after your request reaches the appropriate FOI office, as identified in §5.31 of this part. When we decide to release records, we will actually provide the records, or let you inspect them, as soon as possible after that decision.
(2) We will decide an appeal within 20 working days after the appeal reaches the appropriate review official
(c) Extension of time limits. FOI Officers of review officials may extend the time limits in unusual circumstances. Extension at the request stage and at the appeal stage may total up to 10 working days. We will notify you in writing of any extension. “Unusual circumstances” include situations when we:
(1) Search for and collect records from field facilites, archives, or locations other than the office processing the request.
(2) Search for, collect, or examine a great many records in response to a single request.
(3) Consult with another office or agency that has substantial interest in the determination of the request.
(4) Conduct negotiations with submitters and requesters of information to determine the nature and extent of non-disclosable proprietary materials.
