Sec. 17.02.01.08. Response to Request

A. If the custodian decides to grant a request for inspection or copying, the custodian shall produce the record for inspection or copying immediately or within a reasonable period, not to exceed 30 days from the date of the receipt of the request when this period of time is needed to retrieve the information.

B. Denial of Request.

(1) If the custodian decides to deny the request, the custodian shall do so within 30 days from the date of receipt of the request and shall immediately inform the applicant of the denial.

(2) If the request was in writing, the custodian shall immediately provide the applicant with a written statement of the grounds for the denial, which shall state the law or regulation under which access is denied, and all remedies for review of this denial available under the Act.

(3) If the request was oral, the custodian shall inform the applicant either orally or in writing of the denial and the general basis for it.

C. If a request is made for a record not in the possession of the Department to a person who is not a custodian of the record, that person shall, within 10 working days from the date of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

D. With the consent of the applicant, any time limit imposed by A-----C of this regulation may be extended for an additional period not to exceed 30 days.

E. Unless a different statute explicitly requires or bars disclosure of a particular record, custodians shall base their decisions on whether to grant or deny requests to inspect or copy records solely upon the Act and the regulations in this chapter.