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

Louisiana Public Records Law R.S. 44:32(C) 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 Louisiana Public Records Law. Your accelerated attention to this matter will be greatly appreciated.

Proper Use

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

Improper Use

According to the Louisiana Public Records Law “If a record is requested and the custodian raises a question regarding whether or not the requested record is a public record, the custodian must within three (3) days, exclusive of Saturdays, Sundays, and legal public holidays, of receipt of the request, notify in writing the person making the request of the custodian’s determination and reasons therefor. The written notification shall contain a reference to the basis under the law that the custodian has determined exempts the record, or any part of the record, from inspection, copying, or reproduction.”

Key Citations

R.S. 44:32(C)