What to Do When an Agency Misses the 10-Day Deadline
Reviewed October 2026
Under the California Public Records Act, an agency has 10 days to respond to a request. That deadline is often misunderstood, so it’s worth checking what the agency actually owes you before following up.
What the 10 days cover
Within 10 days of receiving your request, the agency must tell you whether it has disclosable records, explain why, and give an estimated date and time for release if it does (Gov. Code § 7922.535(a)). This is a deadline for an answer. The Act sets no fixed date for producing the records, which must be made promptly available (Gov. Code § 7922.530).
How the days are counted
These are calendar days. Leave out the day the agency received your request, and count the last day. If the last day is a holiday, it’s also left out (Gov. Code §§ 6700, 6800).
When an agency can take longer
An agency can extend the deadline by up to 14 days, in writing, with the reasons and the date it expects to answer (Gov. Code § 7922.535(b)). Only these reasons qualify:
- Records must be collected from field facilities or other separate locations
- The request covers a large volume of separate records
- The agency must consult another agency or department
- The agency must compile data or write programming
- A cyberattack is blocking access to its systems
- A state of emergency is affecting staffing or facilities
If you haven’t heard back
First confirm the date the agency received your request, and check your spam folder. A short, polite follow-up often works. Mention your original request date and the date the answer was due, and ask for a determination and an estimated release date. The Act says it doesn’t permit an agency to delay or obstruct access to public records (Gov. Code § 7922.500).
Going to court
A requester can ask a superior court to order disclosure (Gov. Code § 7923.000). A requester who wins is awarded court costs and reasonable attorney’s fees (Gov. Code § 7923.115). If you’re considering this, talk to a licensed California attorney.
Related guides
- What to Do If Your Records Request Is Denied in California
- How to Write a California Public Records Request
General information, not legal advice.