Auditing the Process: After You Send Your Request
 
You’ve submitted your request—now the real work begins. Don’t just wait for records. If you do, you’ll miss some of the most valuable information: how the agency handles your request.
 
 
Step 1 — Start the Clock & Build Your Audit Log
 
Create a simple tracker the day you file.
 
Log these items
 

• Date/time sent, delivery method, acknowledgement date

• Applicable deadline(s) under your state law (business vs. calendar days; holidays; any suspension rules)

• Every agency contact (who/when/how), each attachment, and every stated reason for delay or withholding

• Fee estimates/deposits, narrowing requests, and any third-party notice claims

• If applicable: Attorney General (or appeals) referral date and tracking/case number

 
Template – Acknowledgement Nudge
“Hi [Name]—following up to confirm receipt of my request submitted on [date] and to note the statutory response deadline of [date]. Please let me know if anything further is needed to proceed.”
 
 
Step 2 — Spot (and Document) Common Delay Tactics
 
 
1) “Clarification” Requests
 
Most statutes allow agencies to pause the clock to seek clarification only when they genuinely can’t identify what you’re asking for.
 
How this is abused
 

• Vague “please clarify” notes that repeat your wording but don’t specify what’s unclear

• Using “clarification” as a de facto reset of the deadline

 
Your move
 

• Ask the agency to state precisely what is unclear and propose reasonable interpretations you’ll accept.

• Reaffirm that the clock resumes upon your reply (check your statute).

 
Template – Clarification Response
“Thanks for your note. To clarify, my request seeks: [plain-language summary]. If helpful, you may treat this as two tranches: (A) highest-priority items listed here; (B) remaining items thereafter. Please proceed based on this clarification and confirm that statutory timelines have resumed.”
 
 
2) Attorney General / Appeals Referral
 
Many states require agencies to seek approval from an AG or appeals office to withhold records (e.g., Texas requires a timely referral). You can often submit your own comments/brief so the reviewer hears your side.
 
Why you should file a comment
 

• Signals you’re engaged and will persist

• Puts your facts, law, and public-interest argument in the record

• Helps counter one-sided agency characterizations

 
Your move
 

• Ask for the referral’s tracking number and the exact exemptions invoked.

• Request copies (or an index) of what the agency submitted to the reviewer.

• File a short, clear comment emphasizing: (1) waiver/previous disclosure, (2) segregable portions, (3) narrow tailoring, and (4) strong public interest.

 
Template – AG/Appeals Participation
“Please confirm the referral/appeal tracking number, the specific exemptions cited, and the date submitted. I intend to submit comments. Kindly ensure I receive the agency’s submission (or an index) so I can address it promptly.”
 
 
3) Cost Estimates & “Burden” Claims
 
Overstated estimates or “undue burden” assertions are classic chillers.
 
Your move
 

• Request a task breakdown (search time, review, redaction, media).

• Propose targeted date ranges, custodians, or keywords without narrowing away your core ask.

• Ask for rolling productions—don’t wait for “all or nothing.”

 
Template – Rolling Production + Detail
“Please provide a task breakdown for your estimate (search/review/redaction/media) and begin rolling production of readily available items. I’m open to reasonable staging by custodian/date to reduce burden while preserving scope.”
 
 
4) Blanket “No Records” or Over-Redaction
 
“No records” should trigger your audit reflex.
 
Your move
 

• Ask what systems were searched, what terms were used, which custodians were included, and the date ranges.

• For redactions, demand a redaction log or at least an exemption-by-exemption explanation and confirmation that segregable portions were released.

 
Template – Search Methodology Request
“For transparency, please identify the systems searched, custodians included, date ranges, and search terms used. If additional systems or custodians should be included, please expand the search or let me know so I can propose targeted terms.”
 
 
5) “Catastrophe”/Suspension, Third-Party Notice, or “Non-Responsive Attachments”
 
These aren’t automatic shields.
 
Your move
 

• Ask for the formal notice and the dates of any suspension; confirm when the clock resumes.

• For third-party notice, ask who was notified and for what categories; demand segregable release in the meantime.

• Push back on removing “non-responsive” attachments when the context is responsive.

 
 
Step 3 — Keep It Procedural, Professional, and Persistent
 
Your tone is an audit tool. Be firm, factual, and polite. Escalate only after making a clean record.
 
Checklist – Before Escalating
 

• ✅ You answered clarifications with specificity

• ✅ You captured deadlines and documented pauses/resumptions

• ✅ You requested task breakdowns and proposed staging/rolling production

• ✅ You requested search methodology and redaction explanations

• ✅ You requested/participated in AG or appeals review where available

 
 
Step 4 — Prepare Your Comment/Brief (Short = Strong)
 
When you write to an AG/appeals reviewer, keep it tight:
 
Structure
 

1. Issue & Posture (one paragraph: what the agency wants to withhold and why the public interest matters)

2. Legal Points (segregability; waiver/previous release; narrow exemptions; public interest)

3. Targeted Facts (what’s already public; how your request is precise; why burden claims are overstated)

4. Requested Relief (order release; require a redaction log; compel rolling production)

 
 
Micro-Templates You’ll Use Often
 
Clock Reset Pushback
“Respectfully, a clarification request pauses—but does not reset—the statutory deadline. I’ve clarified above; please resume processing and confirm the new due date.”
 
Fee Reduction / Waiver Angle
“This request serves significant public interest. Please apply any available fee waiver or reduce charges consistent with your policy and law, and itemize anticipated tasks.”
 
Missed Deadline Nudge
“The response deadline passed on [date]. Please provide an immediate status update and release any segregable materials while you complete review.”
 
 
Final Notes
 

• Learn your state’s timelines and exemptions. The rules are predictable; use them.

• Document everything. Your audit log is evidence if you need to appeal or litigate.

• Stay constructive. Most wins come from persistence plus clean, professional records.

 
This page provides general information and practical templates. It isn’t legal advice. Check your state’s statute and current guidance before relying on specific timelines or procedures.