[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.