[Title 32 CFR 1901.42]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle B - Other Regulations Relating to National Defense]
[Chapter Xix - CENTRAL INTELLIGENCE AGENCY]
[Part 1901 - PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974]
[Sec. 1901.42 - Right of appeal and appeal procedures.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE62009-07-012009-07-01false1901.42Sec. 1901.42NATIONAL DEFENSEOther Regulations Relating to National DefenseCENTRAL INTELLIGENCE AGENCYPUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974
Sec. 1901.42  Right of appeal and appeal procedures.

    (a) Right of Appeal. A right of administrative appeal exists 
whenever access to any requested record or any portion thereof is 
denied, no records are located in response to a request, or a request 
for amendment is denied. The Agency will apprise all requesters in 
writing of their right to appeal such decisions to the CIA Agency 
Release Panel through the Coordinator.
    (b) Requirements as to time and form. Appeals of decisions must be 
received by the Coordinator within forty-five (45) days of the date of 
the Agency's initial decision. The Agency may, for good cause and as a 
matter of administrative discretion, permit an additional thirty (30) 
days for the submission of an appeal. All appeals to the Panel shall be 
in writing and addressed as specified in 32 CFR 1901.03. All appeals 
must identify the documents or portions of documents at issue with 
specificity, provide the desired amending language (if applicable), and 
may present such information, data, and argument in support as the 
requester may desire.
    (c) Exceptions. No appeal shall be accepted if the requester has 
outstanding fees for information services at this or another federal 
agency. In addition, no appeal shall be accepted if the information in 
question has been the subject of an administrative review within the 
previous two (2) years or is the subject of pending litigation in the 
federal courts.
    (d) Receipt, recording, and tasking. The Agency shall promptly 
record each administrative appeal, acknowledge receipt to the requester 
in writing, and thereafter effect the necessary taskings to the Deputy 
Director(s) in charge of the directorate(s) which originated or has an 
interest in the record(s) subject to the appeal. As used herein, the 
term Deputy Director includes an equivalent senior official within the 
DCI-area as well as a designee known as the Information Review Officer 
for a directorate or area.