[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR15.111]



[Page 186-187]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 15_PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT 

AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES--Table of 

Contents

 

                Subpart B_FOIA Disclosure of Information

 

Sec.  15.111  How do I appeal a denial of my request for records or a fee 

determination?



    (a) To what address do I submit my appeals? You must submit your 

appeal, in writing, to the address specified in HUD's notice responding 

to your FOIA request (see Sec.  15.106(a)(2)(iv)). If you send your 

appeal to the wrong HUD office, that office will forward it to the 

correct office. That office will also notify you that it has so 

forwarded your appeal and advise you that, for processing purposes, the 

time of receipt will be when the appropriate office receives your 

appeal.

    (b) How much time do I have to submit an appeal? Your written appeal 

must be postmarked within 30 calendar days of the date of the HUD 

determination from which you are appealing. If your appeal is 

transmitted by other than the United States Postal Service (i.e., 

facsimile, messenger or delivery service) it must be received in the 

appropriate office by close of business on the 30th calendar day after 

the date of the HUD determination.

    (c) What information must I provide if I am appealing a denial of 

request for information? If you are appealing a denial of your request 

for information, the appeal must contain the following information:

    (1) A copy of your original request;

    (2) A copy of the written denial of your request; and

    (3) Your statement of the facts and legal arguments supporting 

disclosure.

    (d) What information must I provide if I am appealing a fee 

determination? If you are appealing a fee determination, including a 

denial of your request for HUD to waive the fee, the appeal must contain 

the following information:

    (1) The address of the office which made the fee determination from 

which you are appealing;

    (2) The fee that office charged;

    (3) The fee, if any, you believe should have been charged;

    (4) The reasons you believe that your fee should be lower than the 

fee which the Agency charged or should have been waived; and

    (5) A copy of the initial fee determination and copies of any 

correspondence concerning the fee.



[[Page 187]]



    (e) What information must I provide if I am appealing a denial of 

expedited processing? If you are appealing a denial of your request for 

expedited processing, your appeal must contain the following 

information:

    (1) A copy of your original request;

    (2) A copy of the written denial of your request; and

    (3) Your statement of the facts and legal arguments supporting 

expedited processing.