Skip to main content

Alabama Code Title 45. Local Laws § 45-3-240

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) In general. To the extent practicable, DFC will communicate electronically with requesters who have access to the internet.

(b) Acknowledgments of requests. If a request will take longer than ten days to process, DFC will send the requester an acknowledgment letter that assigns the request an individualized tracking number. The letter will include a brief description of the records sought to allow requesters to more easily keep track of requests.

(c) Grants of requests. DFC will notify the requester in writing if it makes a determination to grant a request in full or in part. The notice will inform the requester of any fees charged under § 706.22 of this part and of the availability of the FOIA Public Liaison to offer assistance. DFC will disclose the requested records to the requester promptly upon payment of any applicable fees.

(d) Adverse determinations of requests. DFC will notify the requester in writing if it makes an adverse determination denying a request in any respect. Adverse determinations, or denials of requests, include decisions that:  The requested record is exempt, in whole or in part;  the request does not reasonably describe the records sought;  the information requested is not a record subject to the FOIA;  the requested record does not exist, cannot be located, or has been destroyed;  or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited processing.

(e) Content of denial letter. The denial letter will be signed by the person responsible for the denial, and will include:

(1) The name and title or position of the person responsible for the denial;

(2) A brief statement of the reasons for the denial, including any FOIA exemptions applied;

(3) An estimate of the volume of any records or information withheld, for example, by providing the number of pages or some other reasonable form of estimation. This estimation is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption;

(4) A brief description of the types of information withheld and the reasons for doing so. A description and explanation are not required if providing it would harm an interest protected by an applicable exemption;

(5) A statement that the denial may be appealed under Section 706.34(a) of this subpart, and a description of the appeal requirements;

(6) A statement notifying the requester of the assistance available from DFC's FOIA Public Liaison and dispute resolution services offered by OGIS;  and

(7) Notice of any fees charged under § 706.23 of this part.

(f) Markings on released documents. Records disclosed in part must be marked clearly to show the amount of information deleted and the exemption under which the deletion was made unless doing so would harm an interest protected by an applicable exemption. If technically feasible, the location of the information deleted will be indicated on the record.

(g) Notice of record exclusions.

(1) In the event that DFC identifies records that may be subject to exclusion from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), the agency will confer with the Department of Justice, Office of Information Policy, to obtain approval to apply the exclusion.

(2) DFC will maintain an administrative record of the process of invocation and approval of the exclusion by OIP.

Cite this article: - Alabama Code Title 45. Local Laws § 45-3-240 - last updated January 01, 2019 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard