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Website:  http://foia.navy.mil   Date: 10/14/2004   Time:  7:03:31 PM

SAMPLE LETTER A

FORMAL EXTENSION LETTER

 

 

NOTE TO PREPARER OF CORRESPONDENCE:  There are instances when you cannot respond to a requester within 20 working days and where an informal extension of the time limits has not been negotiated.  In such instances, you need to apprise the requester of why you need to take up to an additional 10 working days to respond and provide him/her information concerning the right to appeal the delay in responding.

 

A formal extension letter requires the signature of the Initial Denial Authority (IDA).

 

Dear [MR/MS/MRS ________]: 

 

This responds to your Freedom of Information Act (FOIA) request of [DATE OF REQUEST LETTER] in which you seek [RESTATEMENT OF WHAT REQUESTER IS SEEKING].  Your request was received by this office on [DATE REQUEST RECEIVED] and assigned file number [FILE NUMBER]. 

 

Despite diligent efforts, we are unable to provide you a final determination on your request within the 20 working-day statutory time frame established by the FOIA because of [INSERT THE APPLICABLE REASON(S)].

 

         LOCATION:  the need to search for and collect records that are located in whole or in part at places which are physically separate from the office processing the request;

 

         VOLUME:  the need to search for, collect, and examine a substantial number of responsive records; 

 

         CONSULTATION:  the need to consult with another naval activity or another agency which has substantial subject-matter interest in the release determination of identified responsive records. 

 

Due to the scope of your request, we have placed you in our [IDENTIFY QUEUE, i.e., SIMPLE, COMPLEX, EXPEDITED].  The processing of your request is continuing and is expected to be completed by [ANTICIPATED COMPLETION DATE].

 

Because this date is beyond the 20 working day time limit of the FOIA, I must inform you of your right to appeal to the [SELECT THE APPROPRIATE APPELLATE AUTHORITY]. 

 

          FOR BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES: General Counsel of the Navy, 720 Kennon Street SE, Room 214, Washington Navy Yard, DC 20374-5012; or

 

         FOR MILITARY LAW AND ALL MATTERS OTHER THAN THOSE FALLING UNDER THE COGNIZANCE OF GENERAL COUNSEL: Judge Advocate General of the Navy (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066.

 

Your appeal must be postmarked within 60 calendar days from the date of this letter to be considered.  A statement as to why your appeal should be granted should be included and the enclosed copy of this letter should be attached.  Both the appeal letter and the envelope should bear the notation, "Freedom of Information Act Appeal." 

 

Should you agree to await a substantive response, your right to appeal any denial of information, in whole or in part, will not be prejudiced.  In the event of a partial or total denial, you will be afforded 60 calendar days from the date of denial in which to appeal. 

 

Any questions concerning this matter should be directed to

[ACTION OFFICER'S NAME AND CODE] at [ACTION OFFICER'S TELEPHONE NUMBER].

 

                                Sincerely,

 

 

 

                                SIGNATURE

                                (Must be signed by an IDA)




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About this Site: This is an official Department of the Navy website provided as a public service of the Office of the General Counsel in cooperation with the SECNAV/CNO Freedom of Information Act Office (FOIA). The FOIA Office reports to the Director of Navy Staff. Registered with GILS as: Department of the Navy Freedom of Information Act Web Site. Before contacting us read our Privacy Policy.

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