HUD's FOIA Regulations
outline the procedure you must follow to file an appeal for a denial
of a request, a fee determination, or expedited processing. You
must submit your written appeal to the address specified in HUD's
response to your FOIA request, fee waiver, or expedited processing
request. If your appeal is sent to the wrong HUD office, we will
make every effort to direct it to the correct office and will notify
you that it has so forwarded your appeal. For processing purposes,
the time of receipt will be when the appropriate office receives
your appeal.
Your
written appeal must be postmarked within 30 calendar days of the
date of the HUD determination from which you are appealing. If your
appeal is transmitted by a service other than the United States
Postal Service (i.e., facsimile, messenger, or delivery service)
it must be received in the appropriate office by close of business
on the 30th calendar day after the date of the HUD determination.
If
you are appealing a denial of your request for information, the
appeal must contain the following information:
(1) A copy of your original request;
(2)
A copy of the written denial of your request; and
(3)
Your statement of the facts and legal arguments supporting disclosure.
If
you are appealing a fee determination, including a denial of your
request for HUD to waive the fee, the appeal must contain the following
information:
(1)
The address of the office which made the fee determination from
which you are appealing;
(2)
The fee that office charged;
(3)
The fee, if any, you believe should have been charged;
(4)
The reasons you believe that your fee should be lower than the fee
which the Agency charged or should have been waived; and
(5)
A copy of the initial fee determination and copies of any correspondence
concerning the fee.
If
you are appealing a denial of your request for expedited processing,
your appeal must contain the following information:
(1)
A copy of your original request;
(2)
A copy of the written denial of your request; and
(3)
Your statement of the facts and legal arguments supporting expedited
processing.
HUD
will decide your appeal of a denial of expedited processing within
10 working days after its receipt. For any other type of appeal,
HUD will decide your appeal within 20 working days after its receipt.
HUD may have an additional 10 working days if unusual circumstances
require.
If
you are appealing a decision to deny your request for records, HUD
will either:
i)
Give you the records you requested or advise you that the records
will be provided by the originating office;
ii)
Give you some of the records you requested while declining to
give you other records you requested, tell you why HUD has concluded
that the documents were exempt from disclosure under FOIA, and
tell you how to obtain judicial review of HUD's decision; or
iii)
Decline to give you the records you requested, tell you why HUD
has concluded that the records were exempt from disclosure under
FOIA, and tell you how to obtain judicial review of HUD's decision.
If
you are appealing a fee determination, HUD will either:
i)
Waive the fee or charge the fee that you have requested;
ii)
Modify the original fee charged, and explain why it has determined
that the modified fee is appropriate; or
iii)
Advise you that the original fee charged was appropriate, and
explain why it has determined that the fee is appropriate.
If
you are appealing a denial of your request for expedited processing,
HUD will either:
i)
Agree to expedited processing of your request; or
ii)
Advise you that the decision to deny expedited processing has
been affirmed, and tell you how to obtain judicial review of HUD's
decision.