[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1401.34]

[Page 41-42]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1401--PUBLIC INFORMATION--Table of Contents
 
           Subpart B--Production or Disclosure of Information
 
Sec. 1401.34  Time for processing requests.

    (a) All time limitations established pursuant to this section shall 
begin as of the time at which a request for records is logged in by the 
officer or employee processing the request pursuant to Sec. 1401.32(b). 
An oral request for records shall not begin any time requirement. A 
written request for records sent to an office or division of FMCS other 
than the one having authority to grant or deny access to the records 
shall be redirected to the appropriate office for processing, and the 
time shall begin upon its being logged in there in accordance with 
Sec. 1401.32(b).
    (b) The officer or employee passing upon the request for records 
shall, within ten (10) working days following receipt of the request, 
respond in writing to the requester, determining whether, or the extent 
to which, the Agency shall comply with the request.
    (1) If all of the records requested have been located and a final 
determination has been made with respect to disclosure of all the 
records requested, the response shall so state.
    (2) If all of the records have not been located or a final 
determination has not been made with respect to disclosure of all 
records requested, the response shall state the extent to which the 
records involved will be disclosed pursuant to the rules established in 
this part.
    (3) If the request is expected to involve an assessed fee in excess 
of $50.00, the response shall specify or estimate the fee involved and 
shall require prepayment before the records are made available.
    (4) Whenever possible, the response relating to a request for 
records that involves a fee of less than $50.00, shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Agency.
    (c) In the following circumstances, the time for passing upon the 
request may be extended for up to an additional 10 working days by 
written notice to the person making the request, setting forth the 
reasons for such extension and the time within which a determination is 
expected to be made:
    (1) The need to search for and collect the requested records from 
the field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect and appropriately examine a 
voluminous

[[Page 42]]

amount of records which are demanded in a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
Agency having substantial subject matter interest therein.
    (b) If any request for records is denied in whole or in part, the 
response required by paragraph (b) of this section shall notify the 
requester of the denial. Such denial shall specify the reason therefor 
and also advise that the denial may be appealed to the Office of Deputy 
Director of the Agency as specified in Sec. 1401.35.