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(a) Except as otherwise provided in this section, as soon as practicable, but not later than the 10th working day after the date the agency receives a request for public records that complies with this chapter, the public agency shall
(1) furnish all requested records that are disclosable; and
(2) advise the requestor which of the requested records are nondisclosable, if any, and the specific legal authority and specific facts supporting nondisclosure.
(b) If the public agency decides that a public record is, in fact, a request for electronic services and products, the public agency shall advise the requestor of its decision within 10 working days after receipt of a request and the reasons for this decision.
(c) Any time that elapses between the time a requestor is sent notice that processing the request will generate chargeable fees and the time the requestor makes suitable arrangement for payment of those fees under 2 AAC 96.355 and 2 AAC 96.360 is excluded from the 10-working-day period of (a) of this section, or any extension of that period.
(d) A public agency may extend the basic 10-working-day period established under (a) of this section for a period not to exceed 10 additional working days by providing notice to the requestor within the basic 10-working-day period. The notice must state the reasons for the extension and the date by which the office expects to be able to furnish the requested records or to issue a determination that the records are not disclosable. The notice must include a statement that the extension is not invoked for purposes of delay. The basic 10-day period may be extended only when one or more of the following circumstances exist, and then only as to those specific documents within the request as to which the circumstances apply:
(1) there is a need to search for and collect the requested records from field or other offices that are separate from the office responsible for maintaining the records;
(2) there is a need to search for, collect, and examine a voluminous amount of separate and distinct records sought in a single request;
(3) there is a need for consultation with an officer or employee who is absent on approved leave or official business;
(4) the basic response period comes during a peak workload period; or
(5) there is a need to consult with legal counsel to ensure that protected interests of private or government persons or entities are not infringed.
(e) If a search or copying task will, within the 10-day period and any authorized extension under (d) of this section, substantially impair the other functions of the public agency or an office responsible for maintaining the requested records, the agency head may request an additional extension from the attorney general. Upon receipt of a request for an additional extension, the attorney general shall promptly give the requestor and the agency an opportunity to be heard. The attorney general shall tender a speedy decision. The attorney general may grant an extension only to the public agency in extraordinary circumstances and only for the minimum period determined by the attorney general to be required to complete the search or copying of the public records without substantial impairment of the other public agency functions.
(f) A public agency shall give a written response granting or denying a written request for public records within the prescribed time limit. If a response is not received by a requestor by the expiration of the time limit, the requestor may consider the request denied.
(g) The time limits set out in this section do not apply if the requestor agrees in writing that the requested records need not be supplied until a specified date. If the requestor does not agree in writing to an extension of time beyond that date, an extension beyond the specified date is governed by (d) and (e) of this section.
History: Eff. 11/6/94, Register 132
Authority: AS 40.25.110
Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 6 AAC 96.325 to 2 AAC 96.325, and made conforming technical changes to 2 AAC 96.325(c) , to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions to the governor and to the Department of Administration. The history note for 2 AAC 96.325 carries forward the history from former 6 AAC 96.325.
As of Register 158 (July 2001), the regulations attorney made technical revisions under AS 44.62.125 (b)(6), to reflect the 2000 renumbering of former AS 09.25.100 - 09.25.220 by the revisor of statutes. The provisions of former AS 09.25.100 - 09.25.220 were relocated to AS 40.25.100 - 40.25.220.
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Last modified 7/05/2006