Section 57 Exceptional Circumstances and Due Diligence of Agency

• Library: Administrative Law 2011

There are times when a federal agency cannot complete an information request within the time frame required by the FOIA. When this occurs, “[a]ny person making a request to any agency for records under [5 U.S.C. § 552(a)(1), (2), or (3)] shall be deemed to have exhausted his administrative remedies” under § 552(a)(6)(C)(i)–(iii). Section 552(a)(6)(C)(i). But “[i]f the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to...