[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: 36CFR404.5]

[Page 40-41]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                       CHAPTER IV--AMERICAN BATTLE
                          MONUMENTS COMMISSION
 
PART 404--PROCEDURES AND GUIDELINES FOR COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 404.5  Appeals.

    (a) The Secretary is the appellate authority for all denials except 
those which he authors. The Chairman is the appellate authority for 
denials authored by the Secretary.
    (b) The requester will be informed of the decision on his or her 
appeal within 20 working days after its receipt. If the denial is 
upheld, the requester will be advised that there are provisions for 
judicial review of such decisions under the Freedom of Information Act.
    (c) In the event a court finds that the American Battle Monuments 
Commission has arbitrarily and capriciously withheld information from 
the public and a subsequent Office of Personnel

[[Page 41]]

Management investigation finds agency personnel responsible, these 
personnel will be subject to disciplinary action by the American Battle 
Monuments Commission.