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| Making a FOIA Request |
If you are interested in making a FOIA request to TIGTA, your request must be made in writing and comply with the provisions of 31 CFR 1.1. Your written FOIA request must:
(1) Indicate that your request is made pursuant to the FOIA;
(2) Adequately describe the records sought by your request;
(3) Include your agreement to pay fees for search, duplication, and review, if applicable, or include a request for a fee waiver or reduction of fees, along with a justification for such a request indicating which of the following user category is applicable: commercial, educational institution, scientific institution, or news media. Normally, there is no charge if the number of pages copied is less than 100 pages; and,
(4) To protect the confidentiality of information and to prevent an unwarranted invasion of personal privacy, you must: (a) sign your request; and, (b) establish your right to receive the requested documents by providing a photocopy of an identifying document bearing your signature (such as a driver’s license, identification badge or passport), or a notarized statement swearing to or affirming your identity.
If you do not provide the necessary information, the agency will not process your request, but will advise you what additional information is required.
Kindly forward your request to the following address:
Treasury Inspector General for Tax Administration
Office of Chief Counsel Disclosure Section
1125 15th Street, N.W.
Room 700A
Washington, DC 20005
ATTN: Disclosure Officer
You may fax your request to (202) 622-3339. Alternatively, you may e-mail your request to the following address:
FOIA.Reading.Room@tigta.treas.gov
FEES
FOIA requesters may have to pay fees covering some or all of the costs of processing their requests, unless the fees are waived. For the purposes of fees only, the FOIA divides requesters into the following categories:
1. Commercial Use Requester: one who seeks information for a use of purpose that furthers the commercial, trade, or profit motive of the requester, or the person on whose behalf the request is made.
2. Educational Institution: a school that operates a program of scholarly research.
3. Noncommercial Scientific Institution: an institution that is not commercial and that is operated solely for the purpose of conducting scientific research that does not promote any particular product or industry.
4. Representative of the News Media: one actively gathering news for an entity organized and operated to publish or broadcast news. "News" is information about current events or that would be of current interest.
5. All Other Requesters: any requester who does not fall into one of the other categories of requesters.
Commercial requesters may be charged fees for searching for records, processing the records, and photocopying the records. Educational or noncommercial scientific institutions and representatives of the news media are charged only for photocopying expenses after the first 100 pages of copies. Requesters who do not fall into one of the other categories are charged for record searches which take more than two (2) hours and photocopying after the first 100 pages of documents.
TIGTA currently charges $.20 per page for photocopying. In addition, search and review fees are $21.00 per hour.
You may always include in your request letter a specific statement limiting the amount that you are willing to pay in fees.
You will be notified by TIGTA if it anticipates that you will incur fees during the processing of your FOIA request and will be asked to make a commitment to pay the amount of the estimated fees. At that time, you may make a written request for a waiver of the fees. Your written request for a fee waiver should be addressed to the following address:
Office of Chief Counsel
Treasury Inspector General for Tax Administration
IG:CC:D
Room 700A
1125 15th Street, NW
Washington, DC 20005
Attn: Disclosure Section
Fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the Government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records pertaining to themselves usually are denied under this standard because such disclosures usually will not result in any increase of the public’s understanding of Government operations and activities. In addition, a requester’s inability to pay fees is not a legal basis for granting a fee waiver.
HOW TO APPEAL
If your request is denied in whole or in part, TIGTA will advise you in writing of the basis for the withholding and inform you of your right to appeal the release determinations. You may file an administrative appeal to TIGTA’s Office of Chief Counsel within 45 days of the agency’s final response to your request. No particular form or language is needed to file an administrative appeal. You may, however, explain the reasons why you disagree with the agency’s release determinations. In addition, if you believe additional responsive records exist, which were not processed in response to your request, you should indicate where you believe these records are located.
You should address your written administrative appeal to the following address:
Treasury Inspector General for Tax Administration
Office of Chief Counsel
1125 15th Street, N.W.
Room 700A
Washington, DC 20005
JUDICIAL REVIEW
The FOIA also provides a requester the right to bring a civil lawsuit against the agency in an appropriate Federal district court (either in Washington DC, or where the requester resides or does business) if a request is, after initial request and administrative appeal, denied in whole or in part.
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