[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.7]

[Page 39-40]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1015_PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER 
THE FREEDOM OF INFORMATION ACT--Table of Contents
 
        Subpart A_Production or Disclosure Under 5 U.S.C. 552(a)
 
Sec.  1015.7  Appeals from initial denials; reconsideration by the 
Secretary.

    (a) When the Secretary or delegate of the Secretary has denied a 
request for records in whole or in part, the requester may, within 30 
days of its receipt, appeal the denial to the General

[[Page 40]]

Counsel of the Consumer Product Safety Commission, attention of the 
Secretary, Washington, DC 20207.
    (b) The General Counsel, or the Secretary upon reconsideration, will 
act upon an appeal within 20 working days of its receipt. The time 
limitations on an appeal begin to run as of the time an appeal is 
received by the Office of the Secretary and date stamped.
    (c) After reviewing the appeal, the Secretary will reconsider his/
her initial denial. If the Secretary upon reconsideration decides to 
release any or all of the information requested on appeal, an appeal as 
to the information released will be considered moot; and the Secretary 
will so inform the requester and submitter of the information in 
accordance with Sec.  Sec.  1015.6(a) and 1015.18(b). If the Secretary 
decides to affirm the initial denial, in whole or in part, the General 
Counsel will decide the appeal within the 20-day time limit or any 
extension thereof in accordance with Sec.  1015.5.
    (d) The General Counsel shall have the authority to grant or deny 
all appeals and, as an exercise of discretion, to disclose records 
exempt from mandatory disclosure under 5 U.S.C. 552(b). In unusual or 
difficult cases the General Counsel may, in his/her discretion, refer an 
appeal to the Commissioners for determination.
    (e) The General Counsel's action on appeal shall be in writing, 
shall be signed by the General Counsel, and shall constitute final 
agency action. A denial in whole or in part of a request on appeal shall 
set forth the exemption relied upon; a brief explanation, consistent 
with the purpose of the exemption, of how the exemption applies to the 
records withheld; and the reasons for asserting it. A denial in whole or 
in part shall also inform the requester of his/her right to seek 
judicial review of the Commission's final determination in a United 
States district court, as specified in 5 U.S.C. 552(a)(4)(B).
    (f) If no response is made to the requester within 20 working days 
or any extension thereof, the requester may consider his/her 
administrative remedies exhausted and seek judicial relief in a United 
States district court. When no response can be made within the 
applicable time limit, the General Counsel shall inform the requester of 
the reason for the delay, of the date by which a response may be 
expected, and of the requester's right to seek judicial review as 
specified in 5 U.S.C. 552(a)(4)(B).
    (g) Copies of all appeals and copies of all actions on appeal shall 
be furnished to and maintained in a public file by the Secretary.

(5 U.S.C. 552(a)(6)(A); 5 U.S.C. 553; 15 U.S.C. 2076(b)(9))

[50 FR 7753, Feb. 26, 1985]