Q. Occasionally, I've requested records from one agency only to be told that even though the record is in that agency's possession, it is going to consult with some other governmental agency that also holds equities in the record. Often this holds up FOIA processing. Do I have to stand for that? Sometimes a copy of the record no longer even exists in the possession of the other agency, so it's not like I can file a request with both agencies, exhaust in both agencies and sue both agencies.

A. You are entitled to seek judicial review, of course, if an agency does not issue a final determination before the expiration of the statutory response deadline. So, no, you need not stand for unlawful delay caused by a consultation. As a more academic matter, an agency’s decision to consult with another agency probably does not, by itself, qualify as an appealable “adverse determination.” But I have seen agencies adjudicate appeals pertaining to the propriety of referrals, so if you wish to dispute a consultation, i wouldn’t say it can’t be done. But your chances of winning that appeal are virtually zero.