[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.34]



[Page 23]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

                 Subpart C_Release and Denial of Records

 

Sec.  5.34  Appeal of denials.



    (a) Right of appeal. You have the right to appeal a partial or full 

denial of your FOIA request. To do so, you must put your appeal in 

writing and send it to the review official identified in the denial 

letter. You must send your appeal within 30 days from the date you 

receive that letter or from the date you receive the records released as 

a partial grant of your request, whichever is later.

    (b) Letter of appeal. The appeal letter should state reasons why you 

believe that the FOIA exemption(s) we cited do not apply to the records 

that you requested, or give reasons why they should be released 

regardless of whether the exemption(s) apply. Because we have some 

discretionary authority in deciding whether to release or withhold 

records, you may strengthen your request by explaining your reasons for 

wanting the records. However, you are not required to give any 

explanation.

    (c) Review process. Before making a decision on an appeal of a 

denial, the designated review official will consult with the General 

Counsel to ensure that the rights and interests of all parties affected 

by the request are protected. Also, the concurrence of the Assistant 

Secretary for Public Affairs is required in all appeal decisions, 

including those on fees. When the review official responds to an appeal, 

that constitutes the Department's final action on the request. If the 

review official grants your appeal, we will send the records to you 

promptly or let you inspect them, or else we will explain the reason for 

any delay and the approximate date you will receive copies or be allowed 

to inspect the records. If the decision is to deny your appeal, the 

official will state the reasons for the decision in writing and inform 

you of the FOIA provision for judicial review.