[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR4.8]

[Page 19]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 4_PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec.  4.8  Appeal of denial.

    (a) Any person who has been notified pursuant to Sec.  4.6(d) of 
this part that his/her request for inspection of a record or for a copy 
has been denied, or who has received no response within ten working days 
(or within such extended period as is permitted under Sec.  4.7(c) of 
this part) after the request has been received by the Commission, may 
appeal the adverse determination or the failure to respond by requesting 
the Commission to direct that the record be made available.
    (b) The appeal request shall be in writing, shall clearly and 
prominently state on the envelope or other cover and at the top of the 
first page ``FOIA Appeal'', and shall identify the record in the form in 
which it was originally requested.
    (c) The appeal request should be delivered or addressed to the FOIA 
Officer, Federal Election Commission, 999 E Street, NW., Washington, DC 
20463.
    (d) The requestor may state facts and cite legal or other 
authorities as he/she deems appropriate in support of the appeal 
request.
    (e) For good cause shown, the Commission may disclose a record which 
is subject to one of the exemptions listed in Sec.  4.5 of this part.
    (f) The Commission will make a determination with respect to any 
appeal within twenty days (excluding Saturdays, Sundays and legal 
holidays) after receipt of the appeal (or within such extended period as 
is permitted under Sec.  4.7(c) of this part). If on appeal, the denial 
of the request for a record or a copy is in whole or in part upheld, the 
Commission shall advise the requestor of the denial and shall notify 
him/her of the provisions for judicial review of that determination as 
set forth in 5 U.S.C. 552(a)(4).
    (g) Because of the risk of misunderstanding inherent in oral 
communications, the Commission will not entertain any appeal from an 
alleged denial or failure to comply with an oral request. Any person who 
has orally requested a copy of a record that he/she believes to have 
been improperly denied should resubmit the request in writing as set 
forth in Sec.  4.7.

[44 FR 33368, June 8, 1979, as amended at 50 FR 50778, Dec. 12, 1985]