Citizens’ Guide on the Freedom of Information Act
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COMMUNITY
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01103071
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The FOIA requires agencies to publish or make available some types of information. This includes: (1) Descriptions of agency organization and office addresses; (2) statements of the general course and method of agency operation; (3) rules of procedure and descriptions of forms; (4) substantive rules of general applicability and general policy statements; (5) final options made in the adjudication of cases; and (6) administrative staff manuals that affect the public. This information must either be published or made available for inspection and copying without the formality of an FOIA request.
All other “agency records” may be requested under the FOIA. However, the FOIA does not define “agency record.” Material that is in the possession, custody, or control of an agency is usually considered to be an agency record under the FOIA. Personal notes of agency employees may not be agency records. A record that is not an “agency record” will not be available under the FOIA.