FOIA - How Long Does It Take?
Pursuant to E-FOIA of 1996, Agencies have twenty (20) business days to respond to a FOIA request. This period does not begin until the request is actually received and acknowledged by the FOIA Officer. If a request is sent to the wrong office or sent directly to an EPA employee other than the FOIA Officer, this is considered a misdirected request in which the 20 day response time does not apply and may result is a delayed response. Twenty days to respond means the Agency has up until the end of the twentieth day to notify the requester of its decision to release or withhold requested documents. Documents may be provided within a reasonable time afterward.
RESPONSE TIMES AND MULTITRACK PROCESS
BASIC - 20 Days
UNUSUAL CIRCUMSTANCES - Interim response (additional 10 days with prior notification to requester)
EXCEPTIONAL CIRCUMSTANCES - Agreement with the requester that it may take 35 or more days to process request
EXPEDITE/COMPELLING NEED - Certified statement for expedited treatment of request
Request for EXPEDITED treatment of your FOIA request must be accompanied with a certified statement. Your certified statement must be true and correct explaing in detail the basis for expedited treatment. If an expedited request is denied, the requester will be notified immediately and provided with instructions on rights to appeal. Requests are not expedited merely because the requester is a representative of the news media or the requester is up against a project due date or court date.
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