[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR502.12]



[Page 14-15]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 502_PUBLIC INFORMATION-FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec. 502.12  Appeals.



    (a) Any person to whom a record has not been made available within 

the time limits established by paragraph (b) of Sec. 502.11, and any 

person who has been given an adverse determination pursuant to paragraph 

(b) of Sec. 503.10 of this chapter, that a requested record will not be 

disclosed, may apply to the Office of Information and Privacy, U.S. 

Department of Justice, Washington, DC 20530, for reconsideration of the 

request. The person making such a request will also be notified of the 

provisions for judicial review provided in 5 U.S.C. 552(a)(4).

    (b) Each application for reconsideration must be made in writing 

within sixty days from the date of receipt of the original denial and 

must include all information and arguments relied upon by the person 

making the request. The application must indicate that it is an



[[Page 15]]



appeal from a denial of a request made under the Freedom of Information 

Act. The envelope in which the application is sent must be prominently 

marked with the letters ``FOIA.'' If these requirements are not met, the 

twenty day limit described in Sec. 502.10 will not begin to run until 

the application has been identified as an application under the Freedom 

of Information Act and has been received by the Office of Information 

and Privacy of the Department of Justice.

    (c) Whenever it is to be determined necessary, the person making the 

request may be required to furnish additional information, or proof of 

factual allegations and other proceedings appropriate in the 

circumstances may be ordered.

    (d) The decision not to disclose a record under this part is 

considered to be a withholding for the purposes of 5 U.S.C. 552(a)(3).