Constructive Denial

Thank you to Jessie Gomez and Civil Beat Law Center for contributing to this entry. 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

HAR 2-71-13: specifically requires that an agency provide a response to a public records request within ten 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 Uniform Information Practices Act. Your accelerated attention to this matter will be greatly appreciated.

Proper Use

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

Improper Use

Uniform Information Practices Act [L 1988, c 262, pt of §1; am L 2000, c 254, §1]: “Access to personal record; initial procedure. Upon the request of an individual to gain access to the individual’s personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the request by the agency unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay.”

Key Citations

[HAR 2-71-13]

[L 1988, c 262, pt of §1; am]

[L 2000, c 254, §1]