Title 45

SECTION 2507.7

2507.7 How does one appeal the Corporation's denial of access to records

§ 2507.7 How does one appeal the Corporation's denial of access to records?

(a) Right of appeal. A requester has the right to appeal a partial or full denial of an FOIA request. The appeal must be put in writing and sent to the reviewing official identified in the denial letter. The requester must send the appeal within 60 days of the letter denying the appeal.

(b) Contents of appeal. The written appeal may include as much or as little information as the requester wishes for the basis of the appeal.

(c) Review process. The Chief Operating Officer (COO) is the designated official to act on all FOIA appeals. The COO's determination of an appeal constitutes the Corporation's final action. If the appeal is granted, in whole or in part, the records will be made available for inspection or sent to the requester, promptly, unless a reasonable delay is justified. If the appeal is denied, in whole or in part, the COO will state the reasons for the decision in writing, providing notice of the right to judicial review. A decision will be made on the appeal within 20 days (excepting Saturdays, Sundays, and legal public holidays), from the date the appeal was received by the COO.

(d) When appeal is required. If a requester wishes to seek review by a court of an unfavorable determination, an appeal must first be submitted under this section.