A&A: When does the 10 days count start with a CPRA request?

Q: On what day does the count begin for the PRA’s response “within 10 days” start?  The day that the agency receives it?  Or the day afterward?  Does it have to be received on a business day?

A: Section 6253 of the Government Code, which sets forth the 10-day compliance period under the Public Records Act, simply states that a response shall be made “within 10 days from receipt of the request.”  In general, when a statute does not specifically provide for “business” days, calendar days apply.  With respect to when the 10 days begins to run, California Code of Civil Procedure section 12 provides that the “time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.”

Thus, the 10 day period for response to a PRA request would begin the day after receipt of the PRA request.  For example, if an agency received a PRA request today, Monday, April 10, the 10 day period would begin on Tuesday, April 11 and expire on Thursday, April 20.