[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR5.55]



[Page 39]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 5_PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents

 

                       Subpart D_Described Records

 

Sec. 5.55  Appeal within FEMA of denial of request.



    (a) A requestor denied access, in whole or in part, to FEMA records 

may appeal that decision within FEMA. All appeals should be addressed to 

the Headquarters FOIA Officer, Federal Emergency Management Agency, 

Washington, DC, 20472 regardless of whether the denial being appealed 

was made at Headquarters, in a field office, or by a Regional Director.

    (b) An appeal must be received in the Headquarters FOIA Office no 

later than thirty calendar days after receipt by the requestor of the 

initial denial.

    (c) An appeal must be in writing and should contain a brief 

statement of the reasons why the records should be released and enclose 

copies of the initial request and denial. The appeal letter should bear 

the legend, ``FREEDOM OF INFORMATION APPEAL,'' conspicuously marked on 

both the face of the appeal letter and on the envelope. FEMA has twenty 

workdays after the receipt of an appeal to make a determination with 

respect to such appeal. The twenty day time limit shall not begin to run 

until the appeal is received by the Headquarters FOIA Officer. 

Misdirected appeals should be promptly forwarded to that office.

    (d) The Headquarters FOIA Officer will submit the appeal to the 

Deputy Director for final administrative determination.

    (e) The Deputy Director shall be the deciding official on all 

appeals except in those cases in which the initial denial was made by 

him/her. If the Deputy Director made the initial denial, the Director 

will be the deciding official on any appeal from that denial. In the 

absence of the Deputy Director, or in case of a vacancy in that office, 

the Director may designate another FEMA official to perform the Deputy's 

functions.

    (f) If an appeal is filed in response to a tentative denial pending 

locating and/or examination of records, as described in Sec. 5.53(c), 

FEMA will continue to search for and/or examine the requested records 

and will issue a response immediately upon completion of the search and/

or examination. Such action in no way suspends the time for FEMA's 

response to the requestor's appeal which FEMA will continue to process 

regardless of the response under this paragraph.

    (g) If a requestor files suit pending an agency appeal, FEMA 

nonetheless will continue to process the appeal, and will furnish a 

response within the twenty day time limit set out in paragraph (c) of 

this section.

    (h) If, on appeal, the denial of the request for records is in whole 

or in part upheld, the Deputy Director will promptly furnish the 

requestor a copy of the ruling in writing within the twenty day time 

limit set out in paragraph (c) of this section except as provided in 

Sec. 5.55. The notification letter shall contain:

    (1) A brief description of the record or records requested;

    (2) A statement of the legal basis for nondisclosure;

    (3) A statement of the name and title or position of the official or 

officials responsible for the denial of the initial request as described 

in Sec. 5.54 and the denial of the appeal as described in paragraph (f) 

of this section, and

    (4) A statement of the requestor's rights of judicial review.



[44 FR 50287, Aug. 27, 1979, as amended at 45 FR 1422, Jan. 7, 1980; 50 

FR 40006, Oct. 1, 1985]