17.53.212    DEPARTMENT DECISION TO ANSWER REQUEST

(1) The department shall, within 10 business days after a request for records pertaining to facilities, issue a written statement to the requestor stating which of the requested records, if any, will not be released and the reason for the denial of the request, including, if applicable, the need of the department to resolve a claim for confidentiality. Any other records not designated as non-releasable shall be provided to the requestor by the department.

(2) To the extent that records are required to be made available for public inspection, the department may inform the requestor that the records are available for inspection and where copies may be obtained.

(3) The period of 10 business days (or any extension thereof) does not include any time that elapses between the date that a requestor is notified by the department that the request does not reasonably identify the records sought, and the date that the requestor furnishes a reasonable identification.

(4) The period of 10 business days (or any extension thereof) does not include any time that elapses between the date that a requestor is notified by the department that payment of fees is required, and the date that the requestor pays (or makes arrangements to pay) such charges.

(5) The department may under unusual circumstances as outlined below extend the basic 10-day period established in (1) up to an additional 10 business days. In such cases, the department shall furnish written notice to the requestor stating the reasons for the extension and the date by which the department expects to issue the determination. Unusual circumstances justifying an extension include:

(a) additional time is needed to search for and collect the requested records from separate facilities;

(b) additional time is needed to search for and collect the requested records because of the volume of the request; or

(c) additional time is needed for consultation with another agency having a substantial interest in the determination.

(6) Failure of the department to issue a determination within the 10-day period or any extension constitutes an agency decision that may be appealed to the board.

History: 75-10-405, MCA; IMP, 75-10-405, MCA; NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05.