[Code of Federal Regulations]

[Title 11, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 11CFR4.8]



[Page 19]

 

                       TITLE 11--FEDERAL ELECTIONS

 

                 CHAPTER I--FEDERAL ELECTION COMMISSION

 

PART 4_PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT--Table of 

Contents

 

Sec. 4.8  Appeal of denial.



    (a) Any person who has been notified pursuant to Sec. 4.6(d) of 

this part that his/her request for inspection of a record or for a copy 

has been denied, or who has received no response within ten working days 

(or within such extended period as is permitted under Sec. 4.7(c) of 

this part) after the request has been received by the Commission, may 

appeal the adverse determination or the failure to respond by requesting 

the Commission to direct that the record be made available.

    (b) The appeal request shall be in writing, shall clearly and 

prominently state on the envelope or other cover and at the top of the 

first page ``FOIA Appeal'', and shall identify the record in the form in 

which it was originally requested.

    (c) The appeal request should be delivered or addressed to the FOIA 

Officer, Federal Election Commission, 999 E Street, NW., Washington, DC 

20463.

    (d) The requestor may state facts and cite legal or other 

authorities as he/she deems appropriate in support of the appeal 

request.

    (e) For good cause shown, the Commission may disclose a record which 

is subject to one of the exemptions listed in Sec. 4.5 of this part.

    (f) The Commission will make a determination with respect to any 

appeal within twenty days (excluding Saturdays, Sundays and legal 

holidays) after receipt of the appeal (or within such extended period as 

is permitted under Sec. 4.7(c) of this part). If on appeal, the denial 

of the request for a record or a copy is in whole or in part upheld, the 

Commission shall advise the requestor of the denial and shall notify 

him/her of the provisions for judicial review of that determination as 

set forth in 5 U.S.C. 552(a)(4).

    (g) Because of the risk of misunderstanding inherent in oral 

communications, the Commission will not entertain any appeal from an 

alleged denial or failure to comply with an oral request. Any person who 

has orally requested a copy of a record that he/she believes to have 

been improperly denied should resubmit the request in writing as set 

forth in Sec. 4.7.



[44 FR 33368, June 8, 1979, as amended at 50 FR 50778, Dec. 12, 1985]