[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1820.6]

[Page 313-314]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                 CHAPTER VIII--OFFICE OF SPECIAL COUNSEL
 
PART 1820_FREEDOM OF INFORMATION ACT REQUESTS; PRODUCTION OF RECORDS OR 
 
Sec. 1820.6  Appeals.

    (a) Appeals of adverse determinations. A requester may appeal an 
adverse determination denying a FOIA request in any respect to the Legal 
Counsel and Policy Division, U.S. Office of Special Counsel, 1730 M 
Street, NW., (Suite 218), Washington, DC 20036-4505. The appeal must be 
in writing, and sent by regular mail or by fax. The appeal must be 
received by the Legal Counsel and Policy Division within 45 days of

[[Page 314]]

the date of the letter denying the request. For the quickest possible 
handling, the appeal letter and envelope or any fax cover sheet should 
be clearly marked ``FOIA Appeal.'' The appeal letter may include as much 
or as little related information as the requester wishes, as long as it 
clearly identifies the OSC determination (including the assigned FOIA 
request number, if known) being appealed. An appeal ordinarily will not 
be acted on if the request becomes a matter of FOIA litigation.
    (b) Responses to appeals. The agency decision on an appeal will be 
made in writing. A decision affirming an adverse determination in whole 
or in part shall inform the requester of the provisions for judicial 
review of that decision. If the adverse determination is reversed or 
modified on appeal, in whole or in part, the requester will be notified 
in a written decision and the request will be reprocessed in accordance 
with that appeal decision.