---
kind: "section"
citation: "45 C.F.R. § 2105.17"
title: "45"
number: "2105.17"
heading: "When may the Agency extend the basic time limit?"
url: "https://uscodex.org/cfr/45/2105.17"
---

# §2105.17. When may the Agency extend the basic time limit?

- (a) The Agency may extend the basic time limit, if unusual circumstances exist, by notifying you in writing of:
  - (1) The unusual circumstances involved; and
  - (2) **The date by which it expects to complete processing the request.**
- (b) If the processing time will extend beyond a total of 30 workdays, the Agency will:
  - (1) Give you an opportunity to limit the scope of the request or agree to an alternative time period for processing; and
  - (2) Make available its FOIA Public Liaison (see [§ 2105.63](/cfr/45/2105.63.md)) to assist in resolving any disputes between you and the Agency, and notify you of your right to seek dispute resolution from the Office of Government Information Services (OGIS).
- (c) If the Agency extends the time limit under this section and you do not receive a response in accordance with [§ 2105.15(a)](/cfr/45/2105.15.md?p=a) in that time period, you may consider the request denied and file an appeal in accordance with the procedures in [§ 2105.56](/cfr/45/2105.56.md).
- (d) Your refusal to reasonably modify the scope of a request or arrange an alternative time frame for processing a request after being given the opportunity to do so may be considered for litigation purposes as a factor when determining whether exceptional circumstances exist.

## Notes

### Authority

Authority: 5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538.

### Source

Source: 84 FR 27722, June 14, 2019, unless otherwise noted.