Section 1551.40  Response to Requests for Public Records

a)         The Freedom of Information Officer shall respond to a written request for public records within 7 working days after the receipt by the Freedom of Information Officer.

b)         The Freedom of Information Officer shall respond to a request for public records in one of the following ways:

1)         Require further identification of records.  If the original request does not adequately identify the records sought, the requestor will be required to provide more detailed information in order to ascertain the identity of the records.  The Freedom of Information Officer shall respond to the amended request within seven working days after its receipt.

2)         Give notice of an extension of time.  The Freedom of Information Officer may give notice of an extension of time to respond which shall not exceed an additional seven working days.  The requestor shall be advised, in writing, of the reason for the extention as set forth in Section 3(d) of the FOIA.

3)         Approve the request.  When a request for public records has been approved, the Freedom of Information Officer may give notice that the requested material will be made available upon payment of applicable costs (See Appendix 3), or give notice of the time and place for inspection of the requested material.

4)         Approve in part and deny in part.  A partial denial will be processed in accordance with the procedures for denials as stated in paragraph (b)(5) of this Section.

5)         Deny the request.  A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of the persons denying the request.  The denial shall also inform the requestor of the right to appeal to the Executive Director of the State Freedom of Information Officer of Elections.  Copies of all notices of denial shall be available for public inspection.

c)         If the Freedom of Information Officer fails to respond to a written request within seven working days after receipt, the requestor may consider the request to have been denied.