FOIA response time requirements

The FOIA Disclosure Officer must grant or deny a FOIA request within 20 working days after receiving the request. See the requirement in 2201.6(a).

Yes— the agency may toll the 20-working-day period once while awaiting information it has reasonably requested from the requester (for matters not related to fee assessment). See 2201.6(a)(1).

The agency may toll the 20-working-day period as many times as necessary to clarify issues regarding fee assessment. See 2201.6(a)(2).

The Commission may extend the 20-working-day limit in unusual circumstances by up to 10 additional working days. See 2201.6(b).

“Unusual circumstances” are limited to those reasonably necessary to properly process the request, including: (1) searching for and collecting records from regional offices or off-site storage, (2) searching for and reviewing a voluminous amount of separate records demanded in one request, or (3) consulting with another agency that has a substantial interest in the determination. See 2201.6(b)(1)–(3).

Yes— the FOIA Disclosure Officer must notify the requester in writing of the extension, explain the reasons for it, and state the date when a determination is expected. See 2201.6(b).

If a request cannot be completed within the 20 working days plus the 10-working-day extension, the FOIA Disclosure Officer must notify the requester in writing, offer the requester a chance to narrow the request, or offer a reasonable alternative time frame for processing. See 2201.6(c).

The Commission uses a two-track system that processes requests in first-in, first-out order based on expected processing time: Track 1 for simple/moderate requests expected to finish within 20 working days, and Track 2 for requests involving unusual circumstances or expected to take 21–30 working days or more. Requesters are assumed to be in Track 1 unless notified otherwise. See 2201.6(d).

Yes— the Commission will notify you when your request is placed in the second track and will provide an estimated completion time; if the estimate changes substantially, you will be notified in writing. See 2201.6(d)(3).

Yes— for requests expected to take more than 30 working days, the requester may modify the request to speed processing or reduce cost, and the FOIA Disclosure Officer may send partial responses as documents are obtained. See 2201.6(e).

A "compelling need" for expedited processing exists if either (1) failing to get the records quickly could pose an imminent threat to someone's life or physical safety, or (2) the requester is primarily engaged in disseminating information and shows an urgent need to inform the public about actual or alleged federal government activity. See 2201.6(e)(1)(i)–(ii).

You must submit a written request that clearly demonstrates a compelling need and include a statement certifying that the information you provided is true and correct to the best of your knowledge and belief. See 2201.6(e)(2).

The FOIA Disclosure Officer will notify the requester within 10 calendar days after receiving the expedited processing request whether processing will be expedited. See 2201.6(e)(3).

Yes— the Commission may, as a matter of agency discretion, waive the certification requirement for expedited processing. See 2201.6(e)(3).

A written denial must state the reason for denial, give a reasonable estimate of the volume of matter denied (unless that would harm a protected interest), name the person responsible for the denial, notify the requester of the right to appeal as specified in 2201.10, and notify the requester about FOIA Public Liaison and OGIS dispute resolution services. See 2201.6(f) and the appeal procedure in 2201.10.

Yes— a refusal to process a request because the requester has not made advance payment or provided satisfactory assurance of payment under 2201.8(f) may be treated as a denial and may be appealed under 2201.10, as explained in 2201.6(f).

The FOIA Disclosure Officer must provide a written justification for deletions, indicate the amount of information deleted on the released portion (unless that would harm a protected interest), and, if technically feasible, mark where the deletion occurred and the exemption used. See 2201.6(g).

The FOIA Disclosure Officer must assign an individualized tracking number to each request and provide that tracking number to the requester. See 2201.6(h).

OSHRC ordinarily includes only records in its possession as of the date it begins its search for them; if it uses a different date, it must inform the requester of that date. See 2201.6(i).

The FOIA Disclosure Officer or the FOIA Public Liaison shall be available to help a requester limit or reshape requests to meet time limits, and they must inform the requester of the right to seek dispute resolution from the National Archives' Office of Government Information Services (OGIS). See 2201.6(d).

Any consultation extension must be done "with all practicable speed" and only to the extent reasonably necessary to the proper processing of the particular request. See 2201.6(b)(3) and the general 2201.6(b) rule on unusual circumstances.

The FOIA Disclosure Officer makes the initial determination whether to grant or deny expedited processing and must notify the requester within 10 calendar days of receipt of the expedited request. See 2201.6(e)(3).