43 C.F.R. §§ 2.60–2.66

§2.60. Who makes decisions on appeals?

43 C.F.R. § 2.60

(a)

The FOIA Appeals Officer is the deciding official for FOIA appeals that do not appeal a decision of the Office of Inspector General.

(b)

The General Counsel is the deciding official for FOIA appeals that appeal a decision of the Office of Inspector General.

(c)

When necessary, the appropriate deciding official for FOIA appeals will consult other appropriate offices, including the Office of the Solicitor or Office of General Counsel for denials of records and fee waivers.

(d)

The deciding official for FOIA appeals normally will not make a decision on an appeal if the request becomes a matter of FOIA litigation.

Notes, amendments, and revision history

Amendments

[81 FR 11130, Mar. 3, 2016]

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Amendments

[81 FR 11130, Mar. 3, 2016]

§2.61. How are decisions on appeals issued?

43 C.F.R. § 2.61

(a)

A decision on an appeal must be made in writing.

(b)

A decision that upholds the bureau's determination will notify you of the decision and your statutory right to file a lawsuit.

(c)

A decision that overturns, remands, or modifies the bureau's determination will notify you of the decision. The bureau then must further process the request in accordance with the appeal determination.

Notes, amendments, and revision history

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

§2.62. When can you expect a decision on your appeal?

43 C.F.R. § 2.62

(a)

The basic time limit for responding to an appeal is 20 workdays after receipt of an appeal meeting the requirements of § 2.59 of this subpart.

(b)

If the Department is unable to reach a decision on your appeal within the given time limit for response, the appropriate deciding official for FOIA appeals will notify you of your statutory right to seek review in a United States District Court.

Notes, amendments, and revision history

Amendments

[81 FR 11131, Mar. 3, 2016]

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Amendments

[81 FR 11131, Mar. 3, 2016]

§2.63. Can you receive expedited processing of appeals?

43 C.F.R. § 2.63

(a)

To receive expedited processing of an appeal, you must demonstrate to the Department's satisfaction that the appeal meets one of the criteria under § 2.20 of this part and include a statement that the need for expedited processing is true and correct to the best of your knowledge and belief.

(b)

The appropriate deciding official for FOIA appeals will advise you whether the Department will grant expedited processing within 10 calendar days of receiving the appeal.

(c)

If the appropriate deciding official for FOIA appeals decides to grant expedited processing, he or she will give the appeal priority over other pending appeals and process it as soon as practicable.

Notes, amendments, and revision history

Amendments

[77 FR 76906, Dec. 31, 2012, as amended at 81 FR 11131, Mar. 3, 2016]

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Amendments

[77 FR 76906, Dec. 31, 2012, as amended at 81 FR 11131, Mar. 3, 2016]

§2.64. Must you submit an appeal before seeking judicial review?

43 C.F.R. § 2.64

Before seeking review by a court of the bureau's adverse determination, you generally must first submit a timely administrative appeal.

Notes, amendments, and revision history

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

§2.65. Where are records made available?

43 C.F.R. § 2.65

Records that are required by the FOIA to be made proactively available for public inspection and copying are accessible on the Department's Web site, http://www.doi.gov/foia/libraries. They may also be available at bureau office locations.

Notes, amendments, and revision history

Amendments

[77 FR 76906, Dec. 31, 2012, as amended at 81 FR 11131, Mar. 3, 2016]

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Amendments

[77 FR 76906, Dec. 31, 2012, as amended at 81 FR 11131, Mar. 3, 2016]

§2.66. What are FOIA Requester Centers and the FOIA Public Liaison?

43 C.F.R. § 2.66

(a)

FOIA Requester Centers typically serve as your first point of contact for questions about how the FOIA works. Before and after you make a request, FOIA Requester Centers can assist you by:

(1)

Identifying information that is already posted and available;

(2)

Informing you about the types of records maintained by the bureau;

(3)

Providing guidance on formulating effective requests;

(4)

Describing the Department's various processing tracks and the average processing times for the various tracks;

(5)

Answering questions about expedited processing standards and the FOIA's fee provisions; and

(6)

Answering questions about the status of an existing request.

(b)

The FOIA Public Liaison is responsible for—

(1)

Assisting in reducing delays;

(2)

Increasing transparency and understanding of the status of requests; and

(3)

Assisting in the resolution of disputes between you and the agency.

(c)

If you need further information or assistance after contacting the applicable FOIA Requester Center and the FOIA Public Liaison, you may wish to seek dispute resolution services from the Office of Government Information Services.

(d)

Contact information for the FOIA Requester Centers and FOIA Public Liaison is available at <I>https— //www.doi.gov/foia/foiacenters.

Notes, amendments, and revision history

Amendments

[84 FR 61829, Nov. 14, 2019]

Source

Source: 77 FR 76906, Dec. 31, 2012, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Amendments

[84 FR 61829, Nov. 14, 2019]