[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.28]

[Page 24]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
                         Subpart D--FOIA Appeals
 
Sec. 2.28  When may I file an appeal?

    Source: 67 FR 64530, Oct. 21, 2002, unless otherwise noted.


    (a) You may file an appeal when:
    (1) Records or parts of records have been withheld;
    (2) The bureau informs you that you have not adequately described 
the records you are seeking, or that it does not possess responsive 
records and you have reason to believe it does or you question the 
adequacy of the bureau's search for responsive records;
    (3) A decision has not been made on your request within the time 
limits provided in Sec. 2.12;
    (4) The bureau did not address all aspects of your request for 
records;
    (5) You believe there is a procedural deficiency (e.g., fees are 
improperly calculated);
    (6) A fee waiver has been denied; or
    (7) A request for expedited processing has been denied or not 
responded to on time. (Special procedures apply to this type of appeal 
(see Secs. 2.14, 2.29(c), and 2.32(b)). An appeal of this type relates 
only to the request for expedited processing and does not constitute an 
appeal of your underlying request for records.
    (b) Before filing an appeal, you may wish to communicate with the 
contact person listed in the FOIA response or the bureau's FOIA Officer 
to see if the issue can be resolved informally. Informal resolution of 
your concerns may be appropriate where the bureau has not responded to 
your request or where you believe the search conducted was not adequate. 
In this latter instance, you may be able to provide additional 
information that may assist the bureau in locating records. However, if 
you wish to file an appeal, it must be received by the FOIA Appeals 
Officer within the time limits in Sec. 2.29.