TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER V - DEPARTMENT OF THE ARMY

SUBCHAPTER A - AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS

PART 518 - THE ARMY FREEDOM OF INFORMATION ACT PROGRAM

subpart e - RELEASE AND PROCESSING PROCEDURES

518.72 - Delay in responding to an appeal.

  (a) If additional time is needed due to the unusual circumstances described in 518.63, of this part, the final decision may be delayed for the number of working days (not to exceed 10), that were not used as additional time for responding to the initial request.

  (b) If a determination cannot be made and the requester notified within 20 working days, the appellate authority shall acknowledge to the requester, in writing, the date of receipt of the appeal, the circumstances surrounding the delay, and the anticipated date for substantive response. Requests shall be advised that, if the delay exceeds the statutory extension provision or is for reasons other than the unusual circumstances identified in 518.63, they may consider their administrative remedies exhausted. They may, however, without prejudicing their right of judicial remedy, await a substantive response. The DoD Component shall continue to process the case expeditiously, whether or not the requester seeks a court order for release of the records, but a copy of any response provided subsequent to filing of a complaint shall be forwarded to the Department of Justice.