Response to Requests



Response to Public Records Requests:

The officer shall permit inspection or furnish a copy of any public record or any segregable portion thereof, not later than 10 business days following the receipt of the request, provided that:

  1. the request reasonably describes the public record sought;
  2. the record is within the possession, custody or control of the agency; and
  3. the officer receives payment of a reasonable fee as set forth in subsection (d) if requested.

If the agency does not intend to permit inspection or furnish a copy of a requested record, or the magnitude or difficulty of the request, or of multiple requests from the same requestor, unduly burdens the other responsibilities of the agency such that the agency is unable to do so within the time frame established, the agency shall inform the  in writing not later than 10 business days after the initial receipt of the request. The written response shall:

  1. confirm receipt of the request;
  2. identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency that the records access officer serves;
  3. identify the agency that may be in possession, custody or control of the record sought, if known;
  4. identify any records or portions thereof that the agency intends to withhold and provide the specific reasons for such withholding, including the specific exemption(s) upon which the withholding is based;
  5. identify any public records or portions of records that the agency intends to produce, and provide a detailed statement describing why the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency and therefore requires additional time to produce the public records sought;
  6. identify a reasonable timeframe in which the agency shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein;
  7. suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably;
  8. include an itemized, good faith estimate of any fees that may be charged to produce the records; and
  9. include a statement informing the requestor of the right of appeal to the supervisor of records under subsection (a) of section 10A and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court under subsection (c) of section 10A.

If the magnitude or difficulty of a request, or the receipt of multiple requests from the same requestor, unduly burdens the other responsibilities of the agency such that it is unable to complete the request within the time provided the officer may, as soon as practical and within 20 business days after initial receipt of the request, seek from the supervisor of records an extension of the time for the agency to furnish the requested record.

Last Modified: 12/28/16