[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1800.42]

[Page 386]
 
                        TITLE 32-NATIONAL DEFENSE
 
           CHAPTER XVIII--NATIONAL COUNTERINTELLIGENCE CENTER
 
PART 1800_PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION 
ACT (FOIA)--Table of Contents
 
          Subpart E_NACIC Action On FOIA Administrative Appeals
 
Sec. 1800.42  Right of appeal and appeal procedures.

    (a) Right of Appeal. A right of administrative appeal exists 
whenever access to any requested record or any portion thereof is 
denied, no records are located in response to a request, or a request 
for a fee waiver is denied. NACIC will apprise all requesters in writing 
of their right to appeal such decisions to the Director, NACIC through 
the Coordinator.
    (b) Requirements as to time and form. Appeals of decisions must be 
received by the Coordinator within forty-five (45) days of the date of 
NACIC's initial decision. NACIC may, for good cause and as a matter of 
administrative discretion, permit an additional thirty (30) days for the 
submission of an appeal. All appeals shall be in writing and addressed 
as specified in Sec. 1800.3. All appeals must identify the documents or 
portions of documents at issue with specificity and may present such 
information, data, and argument in support as the requester may desire.
    (c) Exceptions. No appeal shall be accepted if the requester has 
outstanding fees for information services at this or another federal 
agency. In addition, no appeal shall be accepted if the information in 
question has been the subject of a review within the previous two (2) 
years or is the subject of pending litigation in the federal courts.
    (d) Receipt, recording, and tasking. NACIC shall promptly record 
each request received under this part, acknowledge receipt to the 
requester in writing, and thereafter effect the necessary taskings to 
the office(s) which originated or has an interest in the record(s) 
subject to the appeal.
    (e) Time for response. NACIC shall attempt to complete action on an 
appeal within twenty (20) days of the date of receipt. The volume of 
requests, however, may require that NACIC request additional time from 
the requester pursuant to Sec. 1800.33. In such event, NACIC will 
inform the requester of the right to judicial review.