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Responding to a Request

Within five business days of the receipt of a written request for a record reasonably described, SUNY Upstate must make the record available, deny access in writing giving the reasons for denial, or furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied, which must be reasonable in consideration of attendant circumstances, such as the volume or complexity of the request. The approximate date ordinarily cannot exceed 20 business days from the date of the acknowledgment of the receipt of a request.

If it is known within five business days of receipt of the request that more than 20 business days will be needed to grant a request in whole or in part, the agency’s acknowledgment must explain the reason and provide a specific date within which it will grant access. Similarly, if the agency acknowledges the receipt of a request and provides an approximate date within 20 business days that cannot be met, it is required to inform the person requesting the record, indicating the reason for the delay, and provide a specific date when it will grant access. When a specific date beyond 20 business days is given, it must be reasonable in relation to the circumstances of the request.

If the agency fails to abide by any of the requirements concerning the time within which it must respond to a request, the request is deemed denied, and the person seeking the records may appeal the denial.