D.C. Mun. Regs. r. 3-2005

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 3-2005 - TIME LIMITATIONS
2005.1

Within the time prescribed in the Act, the Board shall determine whether to comply with or to deny the request and shall dispatch its determination to the requester, unless an extension is made pursuant to §§ 2005.2 and 2005.3.

2005.2

In unusual circumstances as specified in § 2005.3, the Board may extend the time for initial determination on a request up to the time prescribed in the Act.

2005.3

Extensions shall be made by written notice to the requester which sets forth the reason for the extension and the date on which a determination is expected. As used in this section "unusual circumstances" means, but only to the extent necessary to the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or
(b) The need for consultation with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.
2005.4

If no determination has been dispatched at the end of the applicable time limit, or the extension thereof, the requester may deem his request denied, and exercise a right to appeal in accordance with § 2012.1.

2005.5

When no determination can be dispatched within the applicable time limit, the Board shall nevertheless continue to process the request. On expiration of the time limit the Board shall inform the requester of the reason for the delay, of the date on which a determination may be expected, and of his right to treat the delay as a denial and of the appeal rights provided by the Act. The Board may ask the requester to forego appeal until a determination is made.

2005.6

For purposes of this chapter, a request is deemed received when the General Counsel receives the request submitted in compliance with the Act and this chapter. When the General Counsel, pursuant to § 2002.5, contacts the requester for additional information, then the request is deemed received when the General Counsel receives the additional information.

D.C. Mun. Regs. r. 3-2005

Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014)
Authority: The District of Columbia Election Code of 1955, as amended, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2012 Repl.)).