Welcome to MuckRock's Delaware Freedom of Information Act appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about Delaware's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
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
Delaware Freedom of Information Act 29 Del. C. § 10001 (h): specifically requires that an agency provide a response to a public records request within fifteen 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 Delaware Freedom of Information Act. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has fifteen days to respond to the initial request.
Improper Use
According to the Delaware Freedom of Information Act “(1) The public body shall respond to a FOIA request as soon as possible, but in any event within 15 business days after the receipt thereof, either by providing access to the requested records, denying access to the records or parts of them, or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within 15 business days, the public body shall cite 1 of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.”
Key Citations
See Williams v. Christina Sch. Dist., No. 13-1525-LPS, 2014 U.S. Dist. LEXIS 179536 at *9 (D. Del. Dec. 31, 2014) (“Even considering that she was not notified of the District’s response to her FOIA request until January 30, 2013, her suit was filed well beyond the expiration of the 60-day statute of limitations. Therefore, Count III must be dismissed.”) (citations omitted)