(a) Time limits. Components of the Department of Labor will comply
with the time limits required by the FOIA for responding to and
processing requests and appeals, unless there are exceptional
circumstances within the meaning of 5 U.S.C. 552(a)(6)(C). A component
will notify a requester whenever the component is unable to respond to
or process the request or appeal within the time limits established by
the FOIA.
(b) Multitrack processing. (1) A component may use two or more
processing tracks by distinguishing between simple and more complex
requests based on the amount of work and/or time needed to process the
request, including through limits based on the number of pages
involved. If a component does so, it will advise requesters in its
slower track(s) of the limits of its faster track(s).
(2) A component using multitrack processing may provide requesters
in its slower track(s) with an opportunity to limit the scope of their
requests in order to qualify for faster processing within the specified
limits of the component's faster track(s). A component doing so will
contact the requester either by telephone or by letter, whichever is
more efficient in each case.
(c) Unusual circumstances. (1) Where the statutory time limits for
processing a request cannot be met because of ``unusual
circumstances,'' as defined in the FOIA, and the component determines
to extend the time limits on that basis, the component will as soon as
practicable notify the requester in writing of the unusual
circumstances and of the date by which processing of the request can be
expected to be completed. Where the extension is for more than ten
working days, the component will provide the requester with an
opportunity either to modify the request so that it may be processed
within the time limits or to arrange an alternative time period with
the component for processing the request or a modified request.
(2) Where a component reasonably believes that multiple requests
submitted by a requester, or by a group of requesters acting in
concert, constitute a single request that would otherwise involve
unusual circumstances, and the requests involve clearly related
matters, they may be aggregated. Multiple requests involving unrelated
matters will not be aggregated.
(d) Expedited processing. (1) Requests and appeals will be taken
out of order and given expedited treatment whenever it is determined
that they involve:
(i) 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;
(ii) An urgency to inform the public about an actual or alleged
federal government activity, if made by a person primarily engaged in
disseminating information;
(iii) The loss of substantial due process rights; or
(iv) A matter of widespread and exceptional media interest in which
there exists possible questions about the government's integrity which
affect public confidence.
(2) A request for expedited processing may be made at the time of
the initial request for records or at any later time. For a prompt
determination, a request for expedited processing must be received by
the proper component. Requests based on the categories in paragraphs
(d)(1)(i), (ii), (iii), and (iv) of this section must be submitted to
the component that maintains the records requested.
(3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
person's knowledge and belief, explaining in detail the basis for
requesting expedited processing. For example, a requester within the
category in paragraph (d)(1)(ii) of this section, if 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. A
requester within the category in paragraph (d)(1)(ii) of this section
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. The formality of
certification may be waived as a matter of administrative discretion.
(4) Within ten calendar days of its receipt of a request for
expedited processing, the proper component will decide whether to grant
it and will notify the requester of the decision. If a request for
expedited treatment is granted, the request will be given priority and
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.
