Advisory opinion letter to Mr. Engman

May 9, 1973 Dear Mr. Engman:

As attorneys for Mr. Anthony L. Young, we are forced to ap­ peal to your offce in order to obtain a prompt agency disposition on Mr. Young s request for the advisory opinion and the informa­ tion upon which the Commission based its conclusion, in the mat­ ter of Advisory Opinion No. 265 (16 C. R. S 15.265). Pursuant to the Freedom of Information Act, Mr. Young re­ quested these records in a letter on January 23, 1973. In a subse­ quent letter dated January 31 , 1973, Mr. Charles A. Tobin, Secre­ tary to the Commission, advised Mr. Young that his request had been "placed in the proper channel for expeditious treatment". On April 12, 1973 the Institute advised Mr. Tobin, by letter, that the Institute represents Mr, Young in his efforts to obtain disclosure 1942 FEDERAL TRADE COMMISSION DECISIO:-S

of the records. We reiterated Mr. Young s immediate need for the records, restated the mandate of the Freedom of Information Act for prompt disclosure, pointed out the serious delay in agency action on the request, and urged prompt disclosure. In a letter dated April 20, 1973, Mr. Tobin advised us that a recommendation as to what action the Commission should take was prepared in the Offce of General Counsel, and that the re­ quest must be considered by the Commission. To this date, we have received no agency disposition on the matter. In view of the extreme and unwarranted delay in Commission action on the request, Mr. Young s immediate need for the infor­ mation, and the Freedom of Information Act's mandate for prompt disclosure of identifiable records, we respectful1y request that the information be made available by May 25, 1973. Alterna­ tively, we request that the Commission s written reasons for non­ disclosure on the merits, be sent to us by that date. If neither the requested records nor the Commission s written reasons for nondisclosure is made available by that date, we wil be compel1ed to conclude that the Commission s inaction consti­ tutes final agency denial of the request and wil take further action consistent with the Act's requirement of prompt disclosure.

Sincerely,