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Foia And Timeline Expiration, Next Step Federal Court Suit
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Capt.
Hello All,
If you are like me, FOIA has been pretty much a joke all the way around. QTC Compensation and Pension Exams are now becoming very adversarial.
Below is an excerpt from the following link on FOIAs which show that many times the Veteran has no choice but to file in Federal Court and have the courts force the issue to grant. It is taken from an excellant article by Allan Robert Adler as "A Step by Step Guide to Using The FOIA"
However this to could be very time consuming and really again can be a problem with DUE PROCESS. I hate seeing so much beuracracy but it looks like its going to get worse before it gets better.
Please read what I have highlighted in red and if you choose to read the rest, I have posted the link for you. NEVER GIVE UP. God Bless, C.C.
The FOIA permits "any person" to request access to agency records.
In practice, this includes U.S. citizens, permanent resident aliens, and
foreign nationals, as well as corporations, unincorporated associations,
universities, and even state and local governments and members of
Congress.
How Quickly Will an Agency Respond?
-----------------------------------
The FOIA requires an agency to respond to an initial request within ten
working days and to an administrative appeal within twenty working days.
An agency may take an additional ten days to respond to either the initial
request or the administrative appeal in "unusual circumstances" involving
the agency's need to obtain records from field facilities; to process a
voluminous amount of separate and distinct records; or to consult with
either another agency or two or more of its own components having a
substantial interest in the request.
If the agency fails to comply within the applicable time limit
requirements, the requester is deemed to have exhausted his administrative
remedies and may seek satisfaction in federal court. In such a case,
however, if the agency can show that "exceptional circumstances" exist
and that it is exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional time to
complete its review of the records.
In practice, however, most agencies take much longer than ten days to
release records. The courts have ruled that this is permissible so long as
they treat each request sequentially on a first come, first served basis.
Thus, agencies such as the FBI, CIA, or State Department can take months,
and sometimes years, to respond fully to a request. In such cases, the
agency will usually respond within two weeks with a form letter notifying
the requester that the request has been placed in line and will be
processed after a delay.
On What Grounds Can an Agency Deny a Request?
---------------------------------------------
An agency must provide records to a requester regardless of the identity
of the requester or the requester's purpose in seeking the records. It
must at so provide the records even if the requester can otherwise obtain
them from a non-government source, so long as the requested records are
"agency records" subject to the FOIA. The agency can refuse to disclose
them only when they fall within one of the nine specific statutory
exemptions from the FOIA's disclosure provisions under section 552(b) of
the law:
FOIA STEP-BY-STEP GUIDE to using the Freedom of Information Act by Allan Robert Adler ISBN 0-86.htm
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