5 CFR 10000.7 – Administrative appeals
(a) You may appeal an adverse determination related to your FOIA request, or the Council’s failure to respond to your FOIA request within the prescribed time limits, by email at FOIA@ncd.gov, or write
Terms Used In 5 CFR 10000.7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) Your appeal must be in writing and must be postmarked or electronically received by the Executive Director within 90 days of the date of the letter denying your request, in whole or in part. For the most expeditious handling, your appeal letter and envelope should be marked “Freedom of Information Act Appeal” and reference the request number.
(c) The Executive Director shall respond to all administrative appeals in writing and within the time frame stated in § 10000.8(d). If the decision affirms, in whole or in part, the Chief FOIA Officer’s determination, the letter shall contain a statement of the reasons for the affirmance, including any FOIA exemption(s) applied, and will inform you of the FOIA’s provisions for court review. If the Executive Director reverses or modifies the Chief FOIA Officer’s determination, in whole or in part, you will be notified in writing and your request will be reprocessed in accordance with that decision. The Council may work with Office of Government Information Services (OGIS) to resolve disputes between FOIA requestors and the Council. A requester may also seek dispute resolution services from NCD’s FOIA Public Liaison and OGIS. Facsimile is also available at 202-741-5769.