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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 36 - Parks, Forests, and Public Property |
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Chapter IX - Pennsylvania Avenue Development Corporation |
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Part 902 - Freedom of Information Act |
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Subpart H - Procedures for Administrative Appeal of Decisions Not To Disclose Records |
§ 902.74 - Agency decision.
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§ 902.74 Agency decision.
(a) The Chairman shall have sole authority to act on an appeal, which seeks to reverse an initial decision denying disclosure of a record. He shall review each appeal and provide the appellant and other interested parties with a written notice of his decision. The decision of the Chairman as to the availability of the record is administratively final.
(b) If the decision of the Chairman sustains the refusal to disclose, the notice of decision shall set forth the reasons for the refusal, including the specific exemptions from disclosure under the Act that are the bases of the decision not to disclose. The notice shall further advise the appellant that judicial review is available on complaint to the appropriate District Court of the United States, as provided in section 552(a)(4)(B) of title 5 U.S.C.