Lastly, under
the circumstances, agencies should not hold FOIA requesters to any administrative
deadline of their own (e.g., a deadline for the filing of an administrative
appeal) wherever a delay in mail delivery was responsible for the deadline being
missed. Accord Kennedy v. United States Dep't of Justice,
No. 93-0209, slip op. at 3 (D.D.C. July 12, 1993) (permitting FOIA requester
to refile his administrative appeal after it was established that it had been
"lost in the mail"). FOIA requesters will more readily understand and accept
the consequences of the extraordinary administrative delays that have resulted
from this unprecedented mail emergency if they realize that they apply evenhandedly
to all concerned. (posted 11/30/01)
Go to: Main
FOIA Post Page// DOJ FOIA Page //
DOJ Home Page