[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1610.9]

[Page 247]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1610_AVAILABILITY OF RECORDS--Table of Contents
 
          Subpart A_Production or Disclosure Under 5 U.S.C. 552
 
Sec. 1610.9  Responses: timing.

    (a) The Legal Counsel's designee, the regional attorney, or the 
regional attorney's designee shall either grant or deny a request for 
records within 20 working days after receipt of the request unless 
additional time is required for one of the following reasons:
    (1) It is necessary to search for and collect the requested records 
from field facilities or other establishments that are separate from the 
office processing the request;
    (2) It is necessary to search for, collect, and appropriately 
examine a voluminous amount of separate and distinct records which are 
demanded in a single request; or
    (3) If it is necessary to consult 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.
    (b) When additional time is required for one of the reasons stated 
in paragraph (a) of this section the Legal Counsel's designee, the 
regional attorney, or the regional attorney's designee, shall 
acknowledge receipt of the request within the 20 day period and include 
a brief notation of the reason for the delay and an indication of the 
date on which it is expected that a determination as to disclosure will 
be forthcoming. If more than 10 working additional days are needed, the 
requester shall be notified and provided an opportunity to limit the 
scope of the request or to arrange for an alternate time frame for 
processing the request.
    (c)(1) Requests for records may be eligible for expedited processing 
if the requester demonstrates a compelling need. For the purposes of 
this section, compelling need means:
    (i) that the failure to obtain the records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) that the requester is a person primarily engaged in 
disseminating information and there is an urgency to inform the public 
concerning actual or alleged Federal government activity.
    (2) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that person's 
knowledge and belief, explaining in detail the basis for requesting 
expedited processing. A determination on the request for expedited 
processing will be made and the requester notified within 10 working 
days. The Legal Counsel or designee shall promptly respond to any appeal 
of the denial for expedited processing.

[45 FR 40604, June 16, 1980, as amended at 47 FR 46275, Oct. 18, 1982; 
52 FR 4902, Feb. 18, 1987; 56 FR 29578, 29579, June 28, 1991; 63 FR 
1341, Jan. 9, 1998]

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