[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1602.12]



[Page 374]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM 

OF INFORMATION ACT--Table of Contents

 

Sec. 1602.12  Appeals of denials.



    (a) Any person whose written request has been denied is entitled to 

appeal the denial within 90 days by writing to the President of the 

Corporation or, in the case of a denial of a request for Office of 

Inspector General records, the Inspector General, at the addresses given 

in Sec. 1602.5(a) and Sec. 1602.8(b). The envelope and letter or e-

mail appeal should be clearly marked: ``Freedom of Information Appeal.'' 

An appeal need not be in any particular form, but should adequately 

identify the denial, if possible, by describing the requested record, 

identifying the official who issued the denial, and providing the date 

on which the denial was issued.

    (b) No personal appearance, oral argument, or hearing will 

ordinarily be permitted on appeal of a denial. Upon request and a 

showing of special circumstances, however, this limitation may be waived 

and an informal conference may be arranged with the President or 

designee, or Inspector General or designee, for this purpose.

    (c) The decision of the President or the Inspector General on an 

appeal shall be in writing and, in the event the denial is in whole or 

in part upheld, shall contain an explanation responsive to the arguments 

advanced by the requester, the matters described in Sec. 1602.11(a) (1) 

through (4), and the provisions for judicial review of such decision 

under section 552(a)(4) of the FOIA. The decision shall be dispatched to 

the requester within 20 working days after receipt of the appeal, unless 

an additional period is justified pursuant to Sec. 1602.8(i) and such 

period taken together with any earlier extension does not exceed 10 

days. The decision of the President or the Inspector General shall 

constitute the final action of the Corporation. All such decisions shall 

be treated as final opinions under Sec. 1602.5(b).

    (d) On an appeal, the President or designee shall consult with the 

Office of Inspector General prior to reversing in whole or in part the 

denial of any request for records or portions of records which 

originated with the Office of Inspector General, or which contain 

information which originated with the Office of Inspector General, but 

which are maintained by other components of the Corporation. The 

Inspector General or designee shall consult with the President prior to 

reversing in whole or in part the denial.