[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1007.8]

[Page 239-240]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1007.8  Action on appeals.

    (a) Authority. Appeals shall be decided by the Executive Director 
after consultation with the FOIA Officer and the General Counsel.
    (b) Time limit. A final determination shall be made within 20 
working days after receipt of an appeal meeting the requirements of 
Sec. 1007.7(c).
    (c) Extensions of time. (1) If the time limit for responding to the 
initial request for a record was not extended under the provisions of 
Sec. 1007.6(c) or was extended for fewer than 10 working days, the time 
for processing of the appeal may be extended to the extent reasonably 
necessary to the proper processing of the appeal, but in no event may 
the extension, when taken together with any extension made during 
processing of the initial request, result in an aggregate extension with 
respect to any one request of more than 10 working days. The time for 
processing of an appeal may be extended only if one or more of the 
unusual circumstances listed in Sec. 1007.6(c) requires an extension.
    (2) The appellant shall be advised in writing of the reasons for the 
extension

[[Page 240]]

and the date on which a final determination on the appeal is expected to 
be dispatched.
    (3) If no determination on the appeal has been reached at the end of 
the 20 working day period, or the extension thereof, the requester is 
deemed to have exhausted his administrative remedies, giving rise to a 
right of review in the United States District Court for the Northern 
District of California, as specified in 5 U.S.C. 552(a)(4).
    (4) When no determination can be reached within the applicable time 
limit, the appeal will nevertheless continue to be processed. On 
expiration of the time limit, the requester shall be informed of the 
reason for the delay, of the date on which a determination may be 
reached to be dispatched, and of the right to seek judicial review.
    (d) Form of decision. (1) The final determination on an appeal shall 
be in writing and shall state the basis for the determination. If the 
determination is to release the requested records or portions thereof, 
the FOIA Officer shall immediately make the records available. If the 
determination upholds in whole or part the initial denial of a request 
for records, the determination shall advise the requester of the right 
to obtain judicial review in the U.S. District Court for the Northern 
District of California and shall set forth the names and titles or 
positions of each person responsible for the denial.
    (2) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec. 1007.4(c), the submitter shall be provided notice as described in 
Sec. 1007.5(b)(3).