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ICYMI HUD issues updated FOIA rule
On January 12, HUD issued a final rule revising the Freedom of Information Act regulation. It was issued to implement the FOIA Improvement Act of 2016. It became effective February 13, 2017. By HUD's own summary, the FOIA Improvement Act enacted a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters of file an administrative appeal, and codifies the foreseeable harm standard.
Of special interest to the industry are the revisions to section 15.101 of the FOIA regulation that implements the provision of the Act requiring that agencies "make available for public inspection in an electronic format" records that, because of their subject matter, the agency determines, "have become or are likely to become the subject of subsequent requests for substantially the same records," or that have been requested 3 or more times.


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