---
kind: "section"
citation: "45 C.F.R. § 5.64"
title: "45"
number: "5.64"
heading: "What avenues are available to me if I disagree with HHS's appeal decision?"
url: "https://uscodex.org/cfr/45/5.64"
---

# §5.64. What avenues are available to me if I disagree with HHS's appeal decision?

- (a) In our response letter, 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). Before seeking review by a court of an adverse determination, you generally must first submit a timely administrative appeal.
- (b) We also inform you that the Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. As referenced in [§ 5.29(b)](/cfr/45/5.29.md?p=b) you may contact OGIS via mail, email, or telephone for assistance.

## Notes

### Authority

Authority: 5 U.S.C. 552, 18 U.S.C. 1905, 31 U.S.C. 9701, 42 U.S.C. 1306(c), E.O. 12600, E.O.13392

### Source

Source: 81 FR 74939, Oct. 28, 2016, unless otherwise noted.