Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-2.111 - Required Division Action(a) Whenever the Division becomes responsible for responding to a request, the Division shall: (1) Take action under § 2.109, if required, to obtain a better description of the records requested;(2) Locate the records as promptly as possible, or determine that the records are not known to exist, or that they are located at another agency and not possessed by the Division;(3) When appropriate, take action to obtain payment or assurance of payment;(4) Comply with § 2.202 if any located records contain information identified as a trade secret as defined in § 2.201;(5) Determine which of the requested records legally may be withheld, and why; and(6) Issue all determinations within the allowed period (see § 2.112), specifying (individually or by category) which records will be disclosed and which will be withheld, and signed by a person authorized to issue the determination under § 2.113(b). Denials of requests shall comply with § 2.113.(b) In determining which records are responsive to a request, the Division shall ordinarily include those records within the Division's possession as of the date of the Division's receipt of the request.(c) When a request for records encompasses records of another State or Federal agency, the Division shall either:(1) Respond to the request after consulting with the originating agency when appropriate; or(2) Promptly transfer responsibility for responding to the request to the other agency. Whenever the Division refers a request to another agency, it shall notify the requestor of the referral.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023