---
kind: "section"
citation: "36 C.F.R. § 1008.16"
title: "36"
number: "1008.16"
heading: "Requests for notification of existence of records and for access to records: Appeals."
url: "https://uscodex.org/cfr/36/1008.16"
---

# §1008.16. Requests for notification of existence of records and for access to records: Appeals.

- (a) **Right of appeal.** Except for appeals pertaining to records under the jurisdiction of another agency, individuals who have been notified that they are not entitled to notification of whether a system of records contains records pertaining to them or have been denied access, in whole or part, to a requested record may appeal to the Executive Director.
- (b) **Time for appeal.**
  - (1) An appeal must be received by the Executive Director no later than 20 working days after the date of the initial decision on a request.
  - (2) The Executive Director may, for good cause shown, extend the time for submission of an appeal if a written request for additional time is received within 20 working days of the date of the initial decision on the request.
- (c) **Form of appeal.**
  - (1) An appeal shall be in writing and shall attach copies of the initial request and the decision on the request.
  - (2) The appeal shall contain a brief statement of the reasons why the appellant believes the decision on the initial request to have been in error.
  - (3) The appeal shall be addressed to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
- (d) **Action on appeals.**
  - (1) Appeals from decisions on initial requests made pursuant to §§ [1008.11](/cfr/36/1008.11.md) and [1008.14](/cfr/36/1008.14.md) shall be decided for the Presidio Trust by the Executive Director after consultation with the General Counsel.
  - (2) The decision on an appeal shall be in writing and shall state the basis for the decision.

## Notes

### Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

### Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.