36 C.F.R. Subpart D—Appeals
Title 36 - Parks, Forests, and Public Property
You may appeal any of the following decisions: (a) The refusal to release a record, either in whole or in part; (b) The determination that a record does not exist or cannot be found; (c) The determination that the record you sought was not subject to the FOIA; (d) The denial of a request for expedited processing; or (e) The denial of a fee waiver request. (a) All appeals must be in writing and received by NARA within 35 calendar days of the date of NARA's denial letter. Mark both your letter and envelope with the words “FOIA Appeal,” and include a copy of your initial request and our denial. (b) In your appeal, explain why we should release the records, grant your fee waiver request, or expedite the processing of your request. If we were not able to find the records you wanted, explain why you believe our search was inadequate. If we denied you access to records and told you that those records were not subject to FOIA, please explain why you believe the records are subject to FOIA. (a) If NARA's Inspector General denied your request, send your appeal to the Archivist of the United States, (ATTN: FOIA Appeal Staff), Room 4200, National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740-6001. (b) Send all other appeals to the Deputy Archivist of the United States, (ATTN: FOIA Appeal Staff), Room 4200, National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740-6001. (c) Denials under FOIA of access to national security information accessioned into the National Archives of the United States are made by designated officials of the originating or responsible agency or by NARA under a written delegation of authority. You must appeal determinations that records remain classified for reasons of national security to the agency with responsibility for protecting and declassifying that information. NARA will provide you with the necessary appeal information in those cases. You can find additional information on access to national security classified records at NARA in 36 CFR part 1254. Yes, you may submit a FOIA appeal via email to http://www.archives.gov/global_pages/inquire_form.php. You must put the words “FOIA Appeal” in the subject line of your email message. The body of your message must contain the information in §1250.72(b). [66 FR 16376, Mar. 23, 2001, as amended at 67 FR 43253, June 27, 2002] NARA will respond to your appeal within 20 working days after its receipt of the appeal by NARA. If we reverse or modify our initial decision, we will inform you in writing and reprocess your request. If we do not change our initial decision, our response to you will explain the reasons for our decision, any FOIA exemptions that apply, and your right to judicial review of our decision.
Title 36: Parks, Forests, and Public Property
PART 1250—PUBLIC AVAILABILITY AND USE OF FEDERAL RECORDS
Subpart D—Appeals
§ 1250.70 What are my appeal rights under FOIA?
§ 1250.72 How do I file an appeal?
§ 1250.74 Where do I send my appeal?
§ 1250.76 May I email my FOIA appeal?
§ 1250.78 How does NARA handle appeals?
