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March 14, 2008

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FOIA Friend

Scott, you are correct - folks keep putting off making the decision that they eventually have to make. But, the other side of the coin is the FOIA requester who takes the delay as an answer. They can always make an appeal EARLY in the process (I'd recommend somewhere between the 4 month and 6 month point) and they may force the issue of a determination being issued. If they'll wait a year - they'll wait 2, 4 8, doesn't really matter. Some requesters have the means to take the agency to court, but it shouldn't have to get to that point if an appeal is submitted in a timely manner. And, requesters, listen up - you can consider no action on the part of the government a constructive denial and appeal the "denial" of your request. Requesters, exercise your appeal rights! (It will also highlight the lack of resources FOIA perpetually operates under. There aren't many like Scott who understand that fundamental point.)

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