[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.35]



[Page 23-24]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

                 Subpart C_Release and Denial of Records

 

Sec.  5.35  Time limits.



    (a) General. FOIA sets certain time limits for us to decide whether 

to disclose the records you requested, and to decide appeals. If we fail 

to meet the deadlines, you may proceed as if we had denied your request 

or your appeal. We will try diligently to comply with the time limits, 

but if it appears that processing your request may take longer than we 

would wish, we will acknowledge your request and tell you its status. 

Since requests may be misaddressed or misrouted, you should call or 

write to confirm that we have the request and to learn its status if you 

have not heard from us in a reasonable time.

    (b) Time allowed. (1) We will decide whether to release records 

within 10 working days after your request reaches the appropriate FOI 

office, as identified in Sec.  5.31 of this part. When we decide to 

release records, we will actually provide the records, or let you 

inspect them, as soon as possible after that decision.

    (2) We will decide an appeal within 20 working days after the appeal 

reaches the appropriate review official

    (c) Extension of time limits. FOI Officers of review officials may 

extend the time limits in unusual circumstances. Extension at the 

request stage and at the appeal stage may total up to 10 working days. 

We will notify you in writing of any extension. ``Unusual 

circumstances'' include situations when we:

    (1) Search for and collect records from field facilites, archives, 

or locations other than the office processing the request.



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    (2) Search for, collect, or examine a great many records in response 

to a single request.

    (3) Consult with another office or agency that has substantial 

interest in the determination of the request.

    (4) Conduct negotiations with submitters and requesters of 

information to determine the nature and extent of non-disclosable 

proprietary materials.