[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1602.12]

[Page 424]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1602.12  Appeals of denials.

    (a) Any person whose written request has been denied is entitled to 
appeal the denial within 90 days by writing to the President of the 
Corporation or, in the case of a denial of a request for Office of 
Inspector General records, the Inspector General, at the addresses given 
in Sec. 1602.5(a) and Sec. 1602.8(b). The envelope and letter or e-mail 
appeal should be clearly marked: ``Freedom of Information Appeal.'' An 
appeal need not be in any particular form, but should adequately 
identify the denial, if possible, by describing the requested record, 
identifying the official who issued the denial, and providing the date 
on which the denial was issued.
    (b) No personal appearance, oral argument, or hearing will 
ordinarily be permitted on appeal of a denial. Upon request and a 
showing of special circumstances, however, this limitation may be waived 
and an informal conference may be arranged with the President or 
designee, or Inspector General or designee, for this purpose.
    (c) The decision of the President or the Inspector General on an 
appeal shall be in writing and, in the event the denial is in whole or 
in part upheld, shall contain an explanation responsive to the arguments 
advanced by the requester, the matters described in Sec. 1602.11(a) (1) 
through (4), and the provisions for judicial review of such decision 
under section 552(a)(4) of the FOIA. The decision shall be dispatched to 
the requester within 20 working days after receipt of the appeal, unless 
an additional period is justified pursuant to Sec. 1602.8(i) and such 
period taken together with any earlier extension does not exceed 10 
days. The decision of the President or the Inspector General shall 
constitute the final action of the Corporation. All such decisions shall 
be treated as final opinions under Sec. 1602.5(b).
    (d) On an appeal, the President or designee shall consult with the 
Office of Inspector General prior to reversing in whole or in part the 
denial of any request for records or portions of records which 
originated with the Office of Inspector General, or which contain 
information which originated with the Office of Inspector General, but 
which are maintained by other components of the Corporation. The 
Inspector General or designee shall consult with the President prior to 
reversing in whole or in part the denial.