Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-9-4 - Responsibilities of the Department4.1 The Department shall, upon receipt of a properly filed request, affix the date of receipt and initiate a search-for the requested information.4.2 The Department shall respond to each request, in writing, as soon as practicable but within a maximum of five (5) working days of receipt of the request. Such response shall: (a) Provide the requested information;(b) Advise the requester of the time and place at which he may inspect and/or copy the information;(c) Advise the requester that the description of the information sought is not sufficient to allow the Department to identify and locate the information and that the request cannot be further processed until additional identification is made available to the Department. Upon receipt by the Department of additional identification, the five(5) day time limit shall begin anew; or (d) Deny the request clearly stating in writing the reason for such denial and informing the requester that he may appeal the agency's action in accordance with the provisions of Chapter 29B. The basis, for denial shall include, but not be limited to, the following: (1) The requested record is not known to exist.(2) The record is not in the Department's possession.(3) The record is exempt from disclosure under Section 4 of the Act or other provisions of state and federal law.4.3 The Department may decline to honor requests which require the creation of a record containing a compilation of records, extraction of information from other records, or any statistical analysis of records.4.4 The Department is under no obligation to assure that requests received by offices other than that of the Commissioner will be responded to in a timely manner or that information received from offices other than the Commissioners are accurate or an official representation of the Department's records.