[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1401.35]

[Page 42]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1401_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Production or Disclosure of Information
 
Sec.  1401.35  Appeals from denials of request.

    (a) Whenever any request for records is denied, a written appeal may 
be filed with the Deputy Director, FMCS, 2100 K Street, NW., Washington, 
DC 20427, within 30 days after requester receives notification that the 
request has been denied or after the requester receives any records 
being made available, in the event of partial denial. The appeal shall 
state the grounds for appeal, including any supporting statements or 
arguments.
    (b) Final action on the appeal shall be taken within 20 working days 
from the time of receipt of the appeal. Where novel and complicated 
questions have been raised or unusual difficulties have been 
encountered, the Deputy Director may extend the time for final action up 
to an additional 10 days, depending upon whether there had been an 
extension pursuant to Sec.  1401.34(c) at the initial stage. In such 
cases, the applicant shall be notified in writing of the reasons for the 
extension of time and the approximate date on which a final response 
will be forthcoming.
    (c) If on appeal the denial of the request for records is upheld in 
whole or in part, the Deputy Director shall notify the applicant of the 
reasons therefor, and shall advise the requester of the provisions for 
judicial review under 5 U.S.C. 552(a) (4) and (6).