---
kind: "section"
citation: "36 C.F.R. § 1250.74"
title: "36"
number: "1250.74"
heading: "How does NARA process appeals?"
url: "https://uscodex.org/cfr/36/1250.74"
---

# §1250.74. How does NARA process appeals?

- (a) We respond to your appeal within 20 working days after the appeal official designated in 36 CFR [1250.72(a)(1)(i)](/cfr/36/1250.72.md?p=a-1-i) and [(ii)](/cfr/36/1250.72.md?p=a-1-ii) receives it. NARA has adopted the practice of generally handling backlogged appeals on a first-in, first-out basis.
  - (1) An adverse determination by the Archivist or Deputy Archivist will be the final action by NARA; and
  - (2) In the event you decide to file a FOIA lawsuit, NARA will administratively close your request.
- (b) We notify you of your right to seek judicial review of an adverse determination as set forth in the FOIA at [5 U.S.C. 552(a)(4)(B)](/usc/5/552.md?p=a-4-B). If you wish to seek judicial review of any adverse determination, you must first appeal it administratively under this section.
- (c) We also inform you that OGIS offers dispute resolution services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Dispute resolution is a voluntary process. If we agree to participate in the dispute resolution services provided by OGIS, we will actively engage as a partner to the process in an attempt to resolve the dispute. You may contact OGIS in any of the following ways:

## Notes

### Amendments

[79 FR 56504, Sept. 22, 2014, as amended at 82 FR 8902, Feb. 1, 2017]

### Authority

Authority: 44 U.S.C. 2104(a) and 2204 (3)(c)(1); 5 U.S.C. 552; Public Law 114-185; E.O. 13526; E.O. 12600; 52 FR 23781; 3 CFR, 1987 Comp., p. 235.

### Source

Source: 79 FR 56504, Sept. 22, 2014, unless otherwise noted.

### Amendments

[79 FR 56504, Sept. 22, 2014, as amended at 82 FR 8902, Feb. 1, 2017]