FOIA Request to MPD and OUC and D.C. FOIA Portal Advisory Opinion

On June 12, 2025, Director Allen issued an advisory opinion, #OOG-2025-004_M, in response to a complaint regarding D.C. Freedom of Information Act requests and the D.C. government's FOIA Portal. Specifically, the Director advised the complainant on the status of their D.C. FOIA requests, and asserted that a failure to produce responsive records within the statutory period is a constructive “denial” of a DC FOIA request which, though a violation, is appealable. Further, the A.O. acknowledges that the D.C. FOIA requests may not have been fulfilled timely according to the requirements under statutes and regulations, and that D.C. FOIA establishes that agencies may establish rules for D.C. FOIA requests; however, again, failure to fulfill proper requests is violative and appealable. Finally, the opinion establishes that users with accessibility challenges due to disability have multiple options for submitting a D.C. FOIA request other than the portal, although compliance issues regarding government technology is the province of bodies other than OOG, to whom the advisory was copied.