It is a clone of this request.
|Submitted||Feb. 6, 2015|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records and correspondence regarding National Credit Union Administration policy or regulations concerning the business banking activity of marijuana-related businesses duly licensed by the states in which they operate, and the limitations or restrictions imposed on banks attempting to conduct banking business with said marijuana businesses by the National Credit Union Administration.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
We wish to inform you that we have put your Freedom of Information Act (FOIA) request on hold pending further clarification from you. We have questions for you that we think will enable us to “perfect” your request, meaning get it into a proper wording format that will enable our agency staff to search for and provide you with the documents you are requesting, so please phone us at the below number to discuss or email us to set us a time to discuss your request. Descriptions such as “all records and correspondence regarding” are overly broad in scope, ambiguous, and place an unreasonable burden on agency staff who must speculate on what such terms encompass. Agencies are not required to conduct unreasonably burdensome searches for records. Solar Sources, Inc. v. United States, 142 F.3d 1033, 1039 (7th Cir. 1998). While a FOIA request need not specifically describe each requested record, it must describe the information sought with sufficient particularity so that NCUA can determine precisely which information is being requested, and be able to locate that information following a reasonable record search calculated to lead to the retrieval of all requested information. The FOIA does not provide for NCUA to engage in research or analysis, and likewise does not require that NCUA consult with extrinsic sources of information to obtain background to perfect a request that itself does not reasonably describe the information requested.
Additionally, before we can begin processing your request under the FOIA, we need additional information from you. A FOIA request must comply with the NCUA's published FOIA regulations. A FOIA request must include the following: contact information including a daytime telephone number where you can be reached during normal business hours; and a reasonable description of records sought. 12 C.F.R. § 792.08. A reasonable description is one that would enable a professional NCUA employee, who is familiar with the subject matter of the request, to locate the record with a reasonable amount of effort.” See 12 C.F.R. § 792.08(b). Please note that NCUA need not accept or process your request if it does not comply with the requirements of this subpart. NCUA may return such a request to you with an explanation of the deficiency. You may then submit a corrected request, which will be treated as a new request.
For the reasons stated, we have placed your request on hold, and have not considered it received, until we hear back from you. If we do not hear from you within ten business days from the date of this e-mail, we will consider your request withdrawn. If you have any questions, please contact this office. Information on our agency’s requirements for submitting a FOIA request are at http://www.ncua.gov/Resources/FOIA/Pages/default.aspx.
NCUA FOIA Processing Center
1775 Duke Street, Alexandria, VA 22314 | www.ncua.gov<http://www.ncua.gov/>
(O) 703-518-6540 | (F) 703-518-6569 | (E) FOIA@ncua.gov<mailto:FOIA@ncua.gov>
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