Constructive Denial

This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.

There is no legal basis for an agency being completely unresponsive.

Example Appeals

Arkansas Freedom of Information Act § § 25-19-105 (3) (e): specifically requires that an agency provide a response to a public records request within three business days of receipt of that request.

By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.

Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the Arkansas Freedom of Information Act. Your accelerated attention to this matter will be greatly appreciated.

Proper Use

An agency has three days to respond to the initial request.

Improper Use

According to the Arkansas Freedom of Information Act

“(e) If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter.”

Key Citations

Ark. Code Ann. § 25-19-105(e)

Hamilton v. Simpson, 993 S.W.2d 501 (Ark. Ct. App. 1999)

E.g. Op. Att’y Gen. Nos. 2000-059, 98-223, 96-354, 94-225; John J. Watkins & Richard J. Peltz, THE ARKANSAS FREEDOM OF INFORMATION ACT (Arkansas Law Press, 5th ed., 2009), pp. 274-76