§ 1250.74 - How does NARA process appeals?

§ 1250.74 How does NARA process appeals?

Cross Reference

Link to an amendment published at 82 FR 8903, February 1, 2017.

(a) We respond to your appeal within 20 working days after the appeal official designated in 36 CFR 1250.72(a)(1)(i) and (ii) receives it. If we reverse or modify the initial decision, we inform you in writing and, if applicable, reprocess your request. For Presidential records, if we release any additional information, we must follow the notification procedures outlined in 36 CFR 1250.26(j). If we do not change our initial decision, we respond in writing to you, explain the reasons for the decision, and set out any FOIA exemptions that applyNARA 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) NARA will cease processing an appeal if a requester files a FOIA lawsuit 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). 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 the Office of Government Information Services ( OGIS ) offers mediation 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:

Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road - OGISRoad—OGIS, College Park, MD 20740, ogis.archives.gov, Email: [e-mail], Telephone: [phone], Facsimile: 202-741-5769202–741–5769, Toll-free: 1-877-684-6448. 1–877–684–6448.

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