Section 2301.320  Types of Agency Responses

a)         The Agency 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.

b)         Upon approval of a request for public records, the Agency 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.

c)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 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 Commissioner of Banks and Real Estate.

d)         Categorical requests creating an undue burden upon the Agency 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.

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