[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR5.51]



[Page 9]

 

                           TITLE 34--EDUCATION

 

PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 

PUB. L. 90-23--Table of Contents

 

          Subpart D_Procedures for Requesting Access to Records

 

Sec. 5.51  Procedure.





    (a) A request for any information or record may be made at any 

appropriate office of the Department.

    (b) If a request is made at any office of the Department and the 

information or record is not located where the request is made, the 

requester shall be referred to the proper office, or if the request is 

put in writing it may be forwarded to the proper office.

    (c) A request should reasonably identify the requested record by 

brief description. Requesters who have detailed information which would 

assist in identifying the records requested are urged to provide such 

information in order to expedite the handling of the request. Envelopes 

in which written requests are submitted should be clearly identified as 

a Freedom of Information request.

    (d) Determination of whether records will be released or withheld 

will be made within 10 working days from date of receipt in the office 

having custody of the records This time may be extended by written 

notice for no longer than an additional 10 working days, only in unusual 

circumstances. Unusual circumstances mean:

    (1) The need to search for and collect the requested records from 

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 amount of separate and distinct 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.



If such extension is made, the requester will be notified in writing 

with an explanation of why the extension was necessary and the date on 

which a determination will be made.