Section 329IAC3.1-2-11. Action by the commissioner

   (a) Whenever the commissioner becomes aware that she is responsible for responding to a request, the commissioner shall do the following:

(1) Take action under section 9 of this rule, if required, to obtain a better description of the records requested.

(2) Locate the records as promptly as possible or determine that the records are not known to exist.

(3) When appropriate, take action to obtain payment or assurance of payment.

(4) If any located records contain "business information", as defined in 329 IAC 3.1-4, comply with 329 IAC 6.1.

(5) Determine which of the requested records legally must be withheld, and why.

  (b) The commissioner shall issue all initial determinations within the allowed period (see section 12 of this rule), specifying (individually or by category) which records will be disclosed and which will be withheld. Denials of requests shall comply with section 13 of this rule.

  (c) In determining which records are responsive to a request, the commissioner shall ordinarily include those records within the possession of the IDEM as of the date of the receipt of the request by the IDEM. (Solid Waste Management Division; 329 IAC 3.1-2-11; filed Jan 24, 1992, 2:00 p.m.: 15 IR 913; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)