appealing to attorney general s office when non-compliance with foia request

After you receive a determination on your FOIA request, you can administratively appeal. Please note that this is an appeal of the decision to withhold the requested information - it is not an appeal of the EEOC's decision whether there was illegal discrimination in your case.

Full Answer

How do I appeal a denial of a FOIA request?

Aug 12, 2021 · While the FOIA requires agencies to give requesters an opportunity to administratively appeal adverse determinations made on their requests, 5 U.S.C. § 552(a)(6)(A)(i), the statute does not explicitly require agencies to set out in their FOIA regulations specific procedures for the filing and handling of administrative appeals. Nevertheless, OIP's guidance …

Do agencies have to respond to FOIA requests?

To file a FOIA Appeal with the Office of the Inspector General, please contact: Office of the Inspector General U.S. Department of the Interior 1849 C Street, NW MS-4428 Washington, DC 20240. Attn: FOIA/Privacy Act Appeals Office Telephone: (202) 208-6742 Fax: (202) 219-1944 Email: [email protected]

How long does it take to review a FOIA appeal?

Aug 03, 2021 · Making a FOIA Request. The Freedom of Information Act (FOIA) was enacted in 1966 to allow individual citizens to request access to government records. Many documents concerning the activities of the Offices of the United States Attorneys is available in the FOIA Library without a Freedom of Information Act request. You can visit https ...

How to resolve a FOIA case under federal rule of Civil Procedure?

Submit an appeal to head of the public body or Immediately commence a lawsuit against the public body within 180 days after a public body's final determination to deny a request Taking an Appeal If you decide to take an appeal first, a written letter needs to be sent to the head of the public body who has ten days to make a decision to:

What can you do if a FOIA request is not honored?

How do you appeal a FOIA response?

Can the government deny a FOIA request?

For what reasons might a federal agency deny an FOIA request for information?

What should be included in a FOIA Appeal?

What type of documents are not allowed in the Freedom of Information Act?

When can you refuse a FOIA request?

Under what circumstances does a government have a right to withhold information from the public?

What is the Privacy Act 1974 cover?

What are the limitations of the Freedom of Information Act?

Why is some information exempt from being released under the Freedom of Information Act?

How to file an appeal for FOIA?

If you want to file an appeal, you must submit your appeal and accompanying materials to the FOIA Appeals Officer by mail, courier service, fax, or email. All communications concerning your appeal should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL.". Your appeal must be made in writing.

How long does it take to get a FOIA appeal?

The FOIA Appeals Officer must receive your appeal no later than 90 workdays from the date of the final response.*

What department is processing FOIA requests?

The FOIA offices in the bureaus/offices of the Department of the Interior are continuing to process FOIA requests to the best of their ability during the COVID-19 pandemic.

Where to file a FOIA request?

You may file requests with the Office of Inspector General at https://www.doioig.gov/complaints/FOIA/how-to-submit-a-foia-request or through the government-wide portal at https://www.foia.gov.

When should an appeal be filed?

An appeal should be filed as soon as possible.

Can employees receive FOIA?

In addition, employees may not receive FOIA requests that are sent by U.S. mail, overnight mail services, or facsimile in a timely manner. We recommend, therefore, that requesters submit requests through FOIAonline, a secure, web-based tracking and case-management system, at https://www.foiaonline.gov , unless the requests are for the Office of Inspector General's records.

Can you challenge another agency's FOIA request?

Please note that these procedures do not allow you to challenge another entity's/agency's handling of, or response to, a FOIA request. Communications sent to the Department of the Interior's FOIA Appeals Office that purport to appeal the actions (or inaction) of another entity/agency will not be forwarded elsewhere.

What to do if FOIA is denied?

If the FOIA request was wrongfully denied, you are entitled to reasonable attorney fees and costs from the public body.

How much is a FOIA punitive damages?

In addition, if the court determines that a public body has arbitrarily and capriciously violated FOIA, he or she is also entitled to punitive damages in the amount of $500 from the public body.

How long does it take to file a lawsuit against a public body?

Immediately commence a lawsuit against the public body within 180 days after a public body's final determination to deny a request

How long do you have to appeal a FOIA?

An agency is required to make a "determination" on the merits of a FOIA appeal within 20 working days of receipt. 5 U.S.C. § 552 (a) (6) (A) (ii). The agency must "immediately notify the person making such request of the provisions for judicial review of that determination." Id.#N#An agency may unilaterally extend the response deadline by up to 10 working days in "unusual circumstances," but only upon giving written notice to the requester. 5 U.S.C. § 552 (a) (6) (B) (i). This right may not be exercised if the agency has already exceeded its 10 day response deadline for the initial request. Id.#N#FOIA requires any denial of a request to list the "names and titles or positions of each person responsible for the denial." 5 U.S.C.§ 552 (a) (6) (C). 1 An agency may unilaterally extend the response deadline by up to 10 working days in "unusual circumstances," but only upon giving written notice to the requester. 5 U.S.C. § 552 (a) (6) (B) (i). This right may not be exercised if the agency has already exceeded its 10 day response deadline for the initial request. Id. 2 FOIA requires any denial of a request to list the "names and titles or positions of each person responsible for the denial." 5 U.S.C.§ 552 (a) (6) (C).

How long does it take to appeal a FOIA denial?

Deadlines for the filing of an appeal are noted in each agency's FOIA regulations located in CFRs. They are often as short as 20 working days, so it is important to act promptly when a denial of your initial request is issued. Although, if you miss your appeal deadline you could always refile your another FOIA request, it would just add to the delay in reaching the ultimate resolution of your information request.

What is required for a FOIA request?

FOIA requires any denial of a request to list the "names and titles or positions of each person responsible for the denial." 5 U.S.C.§ 552 (a) (6) (C).

What is the golden rule of FOIA?

Remember the golden rule of FOIA: "An agency seeking to withhold information under an exemption to FOIA has the burden of proving that the information falls under the claimed exemption." GC Micro Corp. v. Defense Logistics Agency, 33 F.3d 1109, 1113 (9th Cir. 1994); see also Lewis v. IRS, 823 F.2d 375, 378 (9th Cir.1987). This favorable burden of proof provides rarefied air indeed for a plaintiff's attorney to breathe.

What happens if the agency rules against you?

If the agency rules against you at the administrative level-on either disclosure or fee waiver issues-the agency is bound to adhere to the reasons it provides at that stage; it cannot raise new issues later if litigation is required. "Taken together, these principles lead us to the following conclusion: on judicial review, the agency must stand on whatever reasons for denial it gave in the administrative proceeding." Friends of the Coast Fork v. U.S. Dept. of the Interior, 110 F.3d 53, 55 (9th. Cir 1997). The practical impact of this requires you to understand very early in your request process if you have a reasonable chance to get the requested materials at the administrative level, or if you are merely going through the motions to exhaust your administrative remedies in order to get into court. If you are in the former context; go ahead and make your best argument. Try to work with the agency to best inform it of your needs and the correct application of the law to your request. If you are in the latter realm-for some reason you are sure that you are going to get hosed at the administrative level-it is important not to do anything to help the agency make its best arguments during the administrative phase. In this situation, you want the agency to ignore you, to make unreasonable and unlawful arguments; they will be stuck with them once you are in court. You will win.

What should an appeal outline?

An appeal should outline all facts which you think are relevant to your request. Reviewing courts, while not limited to the record before the agency (except for fee waivers, for which they are limited to review on the administrative record), do tend to consider what a reasonable agency decisionmaker would do when confronted with the facts before it. In other words, if you fail to mention an important fact at the administrative level, it will work against you when raising it at the litigation stage. This is a frequent problem we encounter which can severely limit one's options in court.

What happens if you miss the appeal deadline?

Although, if you miss your appeal deadline you could always refile your another FOIA request, it would just add to the delay in reaching the ultimate resolution of your information request. Appeals need not include reference to statutory, regulatory, or case law, but it helps.

How long does it take to respond to a FOIA request in Illinois?

Pro Tip: According to the Illinois FOIA, a FOIA officer must provide you with a response within 5 days. In that time, the FOIA officer can comply with your request, deny it or ask for another 5 days to more fully respond. No response from the public body is the same as a denial, and missing any of those deadlines means the agency is precluded from using many of the exemptions in the law to withhold records.

Is the Public Access Bureau still functional?

No, the Public Access Bureau is still functional.

Is the hack investigation of the Attorney General's Office still ongoing?

With the hack investigation of the attorney general’s office still ongoing, some people want to know how the breach in April affects staff work at the agency. But how do you properly seek transparency from the AG’s office about, well, itself?

How to request FOIA?

If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Office. The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies for details about how to make a request to each agency and any specific requirements for seeking certain records.

What is FOIA.gov?

FOIA.gov serves as the government’s comprehensive FOIA website for all information on the FOIA. Among many other features, FOIA.gov provides a central resource for the public to understand the FOIA, to locate records that are already available online, and to make a request for information that is not yet publicly available. FOIA.gov also promotes agency accountability for the administration of the FOIA by graphically displaying the detailed statistics contained in Annual FOIA Reports, so that they can be compared by agency and over time.

How many federal agencies are subject to FOIA?

Each federal agency handles its own records in response to requests. There are currently one hundred agencies subject to the FOIA with several hundred offices that process FOIA requests. Your request will receive the quickest possible response if it is addressed directly to the FOIA office of the agency or agency component that you believe has the records you are seeking. See the list of federal agencies for the individual contact information for each agency.

Can you request a fee waiver?

Under the FOIA, fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records on themselves usually do not meet this standard. In addition, a requester’s inability to pay fees is not a legal basis for granting a fee waiver.