1. Read the request carefully. If the request is so vague or overly broad that you are unable to understand what records are being sought, ask the requester to give a “reasonable description” (see section 4-2.1). A request does not necessarily fail the “reasonable description” requirement just because it is burdensome
2. Process the request in a timely manner. The law requires that FOIA requests be responded to within 20 working days from the date that the records custodian receives the request (see section 4-3.7a). An extension is permitted only in unusual circumstances (see section 4-3.7c).
3. Determine fees. Categorize the requester for purpose of assessing fees. Fees may be assessed for search, review, and duplication, depending on the category of the requester (see section 4-6.4). Then determine if the requester has agreed to accept liability for costs and if advance notice or advance payment is required (see section 4-6.6).
4. Locate records. Locate all responsive records, including those in storage. Search for records in electronic form or format, except when doing so would significantly interfere with the operation of the system.
5. Release nonexempt records. The general rule is that a record (or parts of a record) must be released unless it falls under an exemption (see section 4-5). If parts of a record are released, the redacted (edited out) parts of the record should be bracketed with the cited exemption(s) written in the adjacent margin (see section 4-3.5). Provide records in the format specified by the requester if readily reproduced in that format. For example, if the records can be made available in paper or on computer media and the requester asks to receive it on computer media, you must honor the requester’s preference (see section 4-3.4).
6. Write response letter. All requests must be responded to in writing. If records are denied, the response letter must include the following elements: (a) a statement of the reason for the denial; (b) a citation to the exemption(s) applied (from section 4-5); (c) a brief explanation of how the exemption applies to the withheld material; (d) if entire records or pages are withheld, a reasonable estimate of the number of records or pages, unless that information is exempt; and (e) a statement that the requester may appeal the denial (see section 4-7).
7. Complete PS Form 8170, Freedom of Information Act and Privacy Act Request Report. If your organization processes a request received directly from the requester, you must complete PS Form 8170 and send it to the office indicated in section 4-8.2. If the Records Office refers a request to you, a PS Form 8170 will be included with the referral. Return this form, along with a copy of the response, to the Records Office after processing the FOIA request.
8. Retain records. Retain FOIA correspondence and record of all documents provided or denied for a period of 6 years from the end of the fiscal year in which the final response occurs.
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