[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

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

[CITE: 36CFR1270.42]



[Page 965]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1270_PRESIDENTIAL RECORDS--Table of Contents

 

                Subpart D_Access to Presidential Records

 

Sec. 1270.42  Denial of access to public; right to appeal.



    (a) Any person denied access to a Presidential record (hereinafter 

the requester) because of a determination that the record or a 

reasonable segregable portion of the record was properly restricted 

under 44 U.S.C. 2204(a), and not placed in the public domain by the 

former President or his agent, may file an administrative appeal with 

the appropriate Presidential library director at the address cited in 

part 1253 of this chapter.

    (b) All appeals must be received by NARA within 35 calendar days of 

the date of NARA's denial letter.

    (c) Appeals shall be in writing and shall set forth the reason(s) 

why the requester believes access to the records sought should be 

allowed. The requester shall identify the specific records sought.

    (d) Upon receipt of an appeal, the appropriate Presidential library 

director has 30 working days from the date an appeal is received to 

consider the appeal and respond in writing to the requester. The 

director's response must state whether or not the Presidential records 

requested are to be released and the basis for this determination. The 

director's decision to withhold release of Presidential records is final 

and not subject to judicial review.



[53 FR 50404, Dec. 15, 1988, as amended at 70 FR 16717, Apr. 1, 2005]