45 C.F.R. § 612.5 Timing of responses to requests.
Title 45 - Public Welfare
(a) In general. NSF ordinarily will initiate processing of requests according to their order of receipt. (b) Time for response. The Foundation will seek to take appropriate agency action within 20 days of when a request is received or is perfected (excluding the date of receipt, weekends, and legal holidays), whichever is later. A request which otherwise meets the requirements of §612.3 is perfected when you have reasonably described the records sought under §612.3(d), and agreed to pay fees under §612.3(c), or otherwise met the fee requirements under §612.10. (c) Unusual circumstances. (1) Where the time limits for processing a request cannot be met because of unusual circumstances, as defined in the FOIA, the FOIA Officer will notify the requester as soon as practicable in writing of the unusual circumstances and may extend the response period for up to ten working days. (2) Where the extension is for more than ten working days, the FOIA Officer will provide the requester with an opportunity either to modify the request so that it may be processed within the ten day extension period or to arrange an agreed upon alternative time period with the FOIA Officer for processing the request or a modified request. (d) Expedited processing. (1) If you want to receive expedited processing you must submit a statement, certified to be true and correct to the best of your knowledge and belief, explaining in detail the basis for requesting expedited processing. (2)(i) Requests and appeals will be given expedited treatment whenever it is determined that a requester has demonstrated compelling need by presenting: (A) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (B) An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information. (ii) For example, a requester who is not a full-time member of the news media must establish that he or she is a person whose main professional activity or occupation is information dissemination, though it need not be his or her sole occupation. Such requester also must establish a particular urgency to inform the public about the government activity involved in the request, beyond the public's right to know about government activity generally, and that the information sought has particular value that would be lost if not disseminated quickly. (3) Within ten calendar days of receipt of a request for expedited processing, the FOIA Officer or OIG will decide whether to grant it, and will notify the requester of the decision orally or in writing. If a request for expedited treatment is granted, the request will be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision will be acted on expeditiously.
Title 45: Public Welfare
PART 612—AVAILABILITY OF RECORDS AND INFORMATION
§ 612.5 Timing of responses to requests.
