TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE D: CODE DEPARTMENTS
CHAPTER XXVI: DEPARTMENT OF PROFESSIONAL REGULATION
PART 1326 ACCESS TO INFORMATION
SECTION 1326.320 TYPES OF DEPARTMENT RESPONSES


 

Section 1326.320  Types of Department Responses

 

a)         If a request fails to reasonably describe the records of interest, the requestor shall be informed that his request has been denied.  The Freedom of Information Officer may offer to assist the requestor in revising and perfecting the description of the records of interest.

 

b)         The Department shall respond to a request for public records in one of three ways:

 

1)         Approve the request.

 

2)         Approve in part and deny in part.

 

3)         Deny the request.

 

c)         Upon approval of a request for public records, the Department may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction costs or give notice of the time and place for inspection of records.

 

d)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with the procedural requirements of Section 9 of the FOIA and the names and titles of individuals responsible for the decision.  It shall also give notice of the requestor's right to appeal to the Director of the Department.

 

e)         Categorical requests creating an undue burden upon the Department shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of the FOIA.

 

f)          Failure to respond to written request within 7 working days may be considered by the requestor a denial of the request.