[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.9]



[Page 273-274]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

  Subpart A_Procedures for Disclosure of Records Under the Freedom of 

                             Information Act

 

Sec. 16.9  Appeals.



    (a) Appeals of adverse determinations. If you are dissatisfied with 

a component's response to your request, you may appeal an adverse 

determination denying your request, in any respect, to the Office of 

Information and Privacy, U.S. Department of Justice, Flag Building, 

Suite 570, Washington, DC 20530-0001. You must make your appeal in 

writing and it must be received by the Office of Information and Privacy 

within 60 days of the date of the letter denying your request. Your 

appeal letter may include as much or as little related information as 

you wish, as long as it clearly identifies the component determination 

(including the assigned request number, if known) that you are 

appealing. For the quickest possible handling, you should mark your 

appeal letter and the envelope ``Freedom of Information Act Appeal.'' 

Unless the Attorney General directs otherwise, a Director of the Office 

of Information and Privacy will act on behalf of the



[[Page 274]]



Attorney General on all appeals under this section, except that:

    (1) In the case of an adverse determination by the Deputy Attorney 

General or the Associate Attorney General, the Attorney General or the 

Attorney General's designee will act on the appeal;

    (2) An adverse determination by the Attorney General will be the 

final action of the Department; and

    (3) An appeal ordinarily will not be acted on if the request becomes 

a matter of FOIA litigation.

    (b) Responses to appeals. The decision on your appeal will be made 

in writing. A decision affirming an adverse determination in whole or in 

part shall contain a statement of the reason(s) for the affirmance, 

including any FOIA exemption(s) applied, and will inform you of the FOIA 

provisions for court review of the decision. If the adverse 

determination is reversed or modified on appeal, in whole or in part, 

you will be notified in a written decision and your request will be 

reprocessed in accordance with that appeal decision.

    (c) When appeal is required. If you wish to seek review by a court 

of any adverse determination, you must first appeal it under this 

section.