Section 329IAC3.1-2-12. Time allowed for issuance of initial determination

   (a) Except as otherwise provided in this section, not later than the seventh working day after the date of receipt by the commissioner of a request for records, the commissioner shall issue a written determination to the requestor stating which of the requested records will, and which will not, be released and the reason for any denial of a request. If the records are not known to exist or are not in the possession of the IDEM, the commissioner shall so inform the requestor.

  (b) The period of seven (7) working days shall be measured from the date the request is first received and logged in by the commissioner.

  (c) There shall be excluded from the period of seven (7) working days (or any extension thereof) any time which elapses between the date that a requestor is notified by the IDEM under section 9 of this rule that his request does not reasonably identify the records sought, and the date that the requestor furnishes a reasonable identification.

  (d) There shall be excluded from the period of seven (7) working days (or any extension thereof) any time which elapses between the date that a requestor is notified by the IDEM under IC 13-14-11 that prepayment of fees is required and the date that the requestor pays such charges.

  (e) The commissioner may extend the basic seven (7) day period established under subsection (a) by a period not to exceed ten (10) additional working days, by furnishing written notice to the requestor within the basic seven (7) day period stating the reasons for such extension and the date by which the commissioner expects to be able to issue a determination. The period may be so extended only when absolutely necessary, only for the period required, and only when one (1) or more of the following unusual circumstances require the extension:

(1) There is a need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.

(2) There is a need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request.

(3) There is a need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two (2) or more offices of the IDEM.

  (f) Failure of the commissioner to issue a determination within the seven (7) day period or any authorized extension shall constitute final agency action which authorizes the requestor to commence an action in the appropriate court to obtain the records. (Solid Waste Management Division; 329 IAC 3.1-2-12; 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)