Section 14-2-10. Procedure for Excessively Burdensome or Broad Requests

The Law

If a custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed to comply with the request. The custodian shall provide written notification to the requester within fifteen days of receipt of the request that additional time will be needed to respond to the written request. The requester may deem the request denied and may pursue the remedies available pursuant to the Inspection of Public Records Act if the custodian does not permit the records to be inspected in a reasonable period of time.

Commentary
If a request for public records is excessively burdensome or broad, the Act grants a public entity additional time beyond the 15-day period specified in Section 14-2-8 to comply with the request. The Act does not define “excessively burdensome, or broad,” but leaves it to the determination of the custodian. Whether a request meets the statutory criteria will depend on the particular circumstances of the request. A request may be excessively burdensome or broad because it will require the custodian to locate and review a large number of records, because the requested records are difficult to locate or obtain or because other circumstances exist that support the determination that the requested records cannot be made available within 15 days of the request. 

If a records custodian determines that a particular request is excessively burdensome or broad, he or she must notify the requester in writing within 15 days of the request that additional time will be needed to respond. (See Appendix II, Form IV.) If the records are not made available within a reasonable time, the Act gives the requester the right to deem the request denied and pursue the remedies provided by the Act. (See Chapter XI).

Example 60:
A request is made to the records custodian of the State Personnel Office to inspect all personnel records of employees employed by the state in 1960. When he gets the request, the custodian determines that the state had 10,000 employees in 1960, and that employee records for years before 1980 are kept on microfilm stored in unmarked boxes in the basement of the State Records Center. As permitted by the Act, and within 15 days of receiving the request, the custodian writes to the requester and explains that the State Personnel Office will need one week beyond the 15-day period to comply with the request. 

Commentary
Again, what will constitute a “reasonable time” for inspection will vary according to the request. The custodian should specify in the notification to the requester how much additional time will be necessary to comply. This will give the requester an idea of what the public body considers reasonable for compliance