---
kind: "section"
citation: "45 C.F.R. § 2105.57"
title: "45"
number: "2105.57"
heading: "Who makes decisions on appeals?"
url: "https://uscodex.org/cfr/45/2105.57"
---

# §2105.57. Who makes decisions on appeals?

- (a) **The FOIA Appeals Officer is the deciding official for FOIA appeals.**
- (b) When necessary, the appropriate deciding official for FOIA appeals will consult other appropriate offices, including legal counsel, for denials of records and fee waivers.
- (c) 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

### Authority

Authority: 5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538.

### Source

Source: 84 FR 27722, June 14, 2019, unless otherwise noted.