[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR102.9]

[Page 14]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 102--RECORD DISCLOSURE AND PRIVACY--Table of Contents
 
                  Subpart A--Disclosure of Information
 
Sec. 102.9  How may I appeal a denial of my request for information or a fee determination?

    (a) You must write to the Chief, FOIA & PA Office at 409 Third 
Street SW., Suite 5900, Washington, DC 20416.
    (b) The Chief must receive your written appeal within 45 calendar 
days of the date of the SBA determination from which you are appealing.
    (c)(1) If you are appealing a denial of your request for 
information, the appeal must contain the following information:
    (i) What records were denied.
    (ii) The name and title of the individual who denied the request and 
the address of his or her office.
    (iii) Any other information you deem appropriate.
    (2) If you are appealing a fee determination, the appeal must 
contain the following information:
    (i) The address of the office which made the fee determination from 
which you are appealing.
    (ii) The fee that office charged.
    (iii) The fee, if any, you believe should have been charged.
    (iv) The reasons you believe that your fee should be lower than the 
fee which the Agency charged.
    (v) Any other information you deem appropriate.
    (d) The Chief will decide your appeal, unless the Chief originally 
made the determination you are appealing. In that case, SBA's Assistant 
Administrator for Hearings and Appeals will decide your appeal.
    (e) SBA will decide your appeal within 20 working days from the date 
of its receipt. SBA may have an additional 10 working days if unusual 
circumstances require.
    (f)(1) If you are appealing a decision to deny your request for 
records, SBA will either:
    (i) Give you the records you requested; or
    (ii) Decline to give you the records you requested, tell you why SBA 
has concluded that the records were exempt from disclosure under FOIA, 
and tell you how to obtain judicial review of SBA's decision.
    (2) If you are appealing a fee determination, SBA will either charge 
the fee you request or charge another fee and explain why SBA has 
concluded that the fee it has decided to charge is appropriate.