The Department has several options when responding to written requests for public records. It can grant the FOIA request, deny the request, grant it in part and deny it in part, or take one 10 business day extension. After 10 business days pass, the Department has to respond with one of the other options.
If the request is granted or granted in part and denied in part, the Department can also charge a fee to process the request. There is no fee for requests that do not require the Department to incur costs above the threshold set in its Procedures and Guidelines. Fees are calculated using its procedures and guidelines and you will receive a detailed itemization of the fee. The Department may require you to pay a good-faith deposit before it processes your request. After you pay any deposit and final balance due, the Department will produce records in its possession that fall within the scope of your request and that legally may be disclosed to the public. The Department may also notify you that some of the records you have requested are available on its website.
If the request is denied, the Department will inform you of the basis for its denial in a written notice.
Reasons the Department may deny a request include:
- You did not describe the records you have requested well enough and the Department cannot determine what you are asking for;
- The Department has determined that it does not have records that respond to your request in its possession; or
- The records you have requested are exempt from public disclosure.
If all or part of your request is denied, the Department will inform you of your right to appeal its denial to Legal Services and/or to file a lawsuit against the Department in its written response.