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)