[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.14]

[Page 12-13]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.14  Appeals.

    (a) Requesters seeking administrative appeal of a denial of a 
request for records or denial of a fee waiver must ensure that the 
appeal is received by the agency within 45 days of the date of the 
denial letter.
    (b) Each agency shall provide for review of appeals by an official 
different from the official or officials designated to make initial 
denials.
    (c) 5 U.S.C. 552(a)(6)(A)(ii) provides that each agency in the 
Department to which an appeal of a denial is submitted shall inform the 
requester of its determination concerning that appeal within 20 working 
days (excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized by Sec. 1.16, of its date of receipt. If the 
agency determines to grant the appeal, it shall inform the requester of 
any conditions surrounding the granting of the request (e.g., payment of 
fees) and the approximate date upon which compliance will be effected. 
If the agency grants only a portion of the appeal, it

[[Page 13]]

shall treat the portion not granted as a denial. If it determines to 
deny the appeal either in part or in whole, it shall inform the 
requester of that decision and of the following:
    (1) The reasons for denial;
    (2) The name and title or position of each person responsible for 
denial of the appeal; and
    (3) The right to judicial review of the denial in accordance with 5 
U.S.C. 552(a)(4).
    (d) Each agency, upon a determination that it wishes to deny an 
appeal, shall send a copy of the records requested and of all 
correspondence relating to the request to the Assistant General Counsel, 
General Law Division, Office of the General Counsel (``Assistant General 
Counsel''). When the volume of records is so large as to make sending a 
copy impracticable, the agency shall enclose an informative summary of 
those records. The agency shall not deny an appeal until it receives 
concurrence from the Assistant General Counsel
    (e) The Assistant General Counsel shall promptly review the matter 
(including necessary coordination with the agency) and render all 
necessary assistance to enable the agency to respond to the appeal 
within the administrative deadline or any extension of the 
administrative deadline.

[65 FR 46339, July 28, 2000]