[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1610.11]

[Page 237-238]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1610--AVAILABILITY OF RECORDS--Table of Contents
 
         Subpart A--Production or Disclosure Under 5 U.S.C. 552
 
Sec. 1610.11  Appeals to the Legal Counsel from initial denials.

    (a) When the Legal Counsel's designee, the regional attorney, or the 
regional attorney's designee, has denied a request for records in whole 
or in part, the person making the request may appeal within 30 calendar 
days of its receipt. The appeal must be in writing addressed to the 
Legal Counsel or designee, Equal Employment Opportunity Commission, 1801 
L Street NW., Washington DC 20507, and clearly labeled as a Freedom of 
Information Act appeal. Any appeal of a denial in whole or part by a 
regional attorney, or the regional attorney's designee, must include a 
copy of the regional attorney's, or the regional attorney's designee's 
determination.
    (b) The Legal Counsel or designee shall act upon the appeal within 
20 working days of its receipt, and more rapidly if practicable. If the 
decision is

[[Page 238]]

in favor of the person making the request, the decision shall order 
records promptly made available to the person making the request. The 
Legal Counsel or designee may extend the 20 day period in which to 
render a decision on an appeal for that period of time which could have 
been claimed and consumed by the Legal Counsel's designee, the regional 
attorney, or the regional attorney's designee, under Sec. 1610.9 but 
which was either not claimed or consumed in making the original 
determination.
    (c) The decision on appeal shall be in writing and signed by the 
Legal Counsel or designee. A denial in whole or in part of a request on 
appeal shall set forth the exemption relied on, a brief explanation of 
how the exemption applied to the records withheld and the reasons for 
asserting it, if different from that described by the Legal Counsel's 
designee, the regional attorney, or the regional attorney's designee 
under Sec. 1610.10, and that the person making the request may, if 
dissatisfied with the decision on appeal, file a civil action in the 
district in which the person resides or has his principal place of 
business, in the district where the records reside, or in the District 
of Columbia.
    (d) No personal appearance, oral argument or hearing will ordinarily 
be permitted in connection with an appeal to the Legal Counsel or 
designee.
    (e) On appeal, the Legal Counsel or designee may reduce any fees 
previously assessed.
    (f)In the event that the Commission terminates its proceedings on a 
charge after the regional attorney or the regional attorney's designee 
denies a request for the charge file but during consideration of the 
requester's appeal from that denial, the request may be remanded for 
redetermination. The requester retains a right to appeal to the Legal 
Counsel from the decision on remand.

[49 FR 48040, Dec. 10, 1984, as amended at 52 FR 4902, Feb. 18, 1987; 54 
FR 32062, Aug. 4, 1989; 56 FR 29579, June 28, 1991; 63 FR 1342, Jan. 9, 
1998]