why did my attorney appeal my foia request

You can also appeal because the agency failed to conduct an adequate search for the documents that you requested. The filing of an appeal does not affect or delay the release of documents which the agency ruled should be disclosed in response to your initial FOIA request.

Full Answer

How do I appeal a denial of a FOIA request?

An administrative appeal may be undertaken upon either, the denial of an initial FOIA request, or an agency's failure to issue a determination within the statutory 20-day time deadline. 5 U.S.C. §§ 552 (a) (6) (A) (i), 552 (a) (6) (C). An appeal should outline all facts which you think are relevant to your request.

How long does it take to review a FOIA appeal?

FOIA: Submit a Request or Appeal. Submit a FOIA request A FOIA request must be made in writing. You should describe the requested records in as much detail as possible, for example by giving the date, location, subject, names, and charge or complaint number if available.

What happens when EOUSA/FOIA receives my FOIA request?

Aug 12, 2021 · OIP Guidance: Adjudicating Administrative Appeals Under the FOIA. The Freedom of Information Act (FOIA) provides requesters with a statutory right to administratively appeal an “adverse determination” an agency makes on a FOIA request. See 5 U.S.C. § 552(a)(6)(A) (i) (2012 & Supp. V 2017). Adverse determinations, or denials of requests, include agency decisions that …

When should a FOIA requester exhaust their administrative remedies?

Mar 19, 2021 · Administrative appeals from EOUSA/FOIA are reviewed by an attorney in the Office of Information Policy. The attorney ordinarily will have available all of the files pertaining to the processing of your request and will make an independent determination as to whether the component has properly handled your request.

Why would a FOIA be denied?

Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.

What is a FOIA appeal?

A Freedom of Information Act (FOIA) requester may appeal the denial of records responsive to a request. State reasons why you believe the FOIA exemption(s) cited do not apply to the records you requested, or give reasons why they should be released regardless of whether the exemption(s) apply. ...

What happens if my FOIA request is ignored?

If you haven't received any response from the agency (an excessive delay in complying with a request constitutes a denial under FOIA) you should send your appeal to the head of the agency. ... State that you expect a final ruling on your appeal within 20 working days, as required by FOIA.

Can a FOIA request can never be denied?

The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request.

Is FOIA administrative law?

FOIA AS AN ADMINISTRATIVE LAW 53and a means to file a records request and await full or partial denial.

How do I stop a FOIA request?

You may file an administrative appeal if you are not satisfied with an agency's initial response to your request. Before doing so, however, you may wish to contact the FOIA professional handling the request or the agency's FOIA Public Liaison.

Why would someone make a FOIA request?

A FOIA request can be used to request federal agency records for which access is currently restricted due to the presence of security-classified or other sensitive information.Aug 25, 2021

How do I appeal a FOIA denial?

For the quickest possible handling, you should mark both your appeal letter and the envelope “Freedom of Information Act Appeal.” Simply ask the Designated Appeal Official to review your FOIA request and its denial decision. It is a good idea also to give your reason(s) for believing that the denial was wrong.

What is partial denial of FOIA?

Partial Grant/Partial Denial - An agency decision to disclose portions of the records in response to a FOIA request and to withhold or otherwise deny other portions of the request.

How long does a federal agency have to respond to a FOIA request?

within twenty working daysUnder the statute, federal agencies are required to respond to a FOIA request within twenty working days, excluding Saturdays, Sundays, and legal holidays. This period does not begin until the request is actually received by the component that maintains the records sought.

When can a freedom of information request be refused?

You can refuse requests if they are repeated, whether or not they are also vexatious. You can normally refuse to comply with a request if it is identical or substantially similar to one you previously complied with from the same requester.

How do I check my FOIA status?

To check the status of your FOIA request, please contact the FOIA Requester Service Center of the Treasury Bureau that is processing your FOIA request. If you submitted a request to the Office of the Comptroller of the Currency, you may check the status of your request online by accessing OCC's Public Access Link.

Submit a FOIA request

A FOIA request must be made in writing. You should describe the requested records in as much detail as possible, for example by giving the date, location, subject, names, and charge or complaint number if available.

Submit a FOIA Appeal

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.

How to respond to FOIA appeals?

Maximizing efficiency and quality when responding to FOIA administrative appeals is beneficial to requesters and agencies alike. Agencies should conduct an independent, "de novo" review of each appeal, should communicate effectively both with the FOIA professions who handle the initial response and with the requester. Agencies should also employ effective management techniques to organize their appeals dockets. Implementing these practices will help agencies effectively carry out their statutory responsibility to adjudicate administrative appeals under the FOIA.

What is an appeals analyst?

The appeals analyst will conduct an independent review of whatever aspect of the initial response is challenged on appeal. Once the appeals authority has completed its review and a determination has been reached, the appeals analyst should clearly communicate that determination to the requester in writing.

What is an adverse determination?

The Freedom of Information Act (FOIA) provides requesters with a statutory right to administratively appeal an “adverse determination” an agency makes on a FOIA request. See 5 U.S.C. § 552 (a) (6) (A) (i) (2012 & Supp. V 2017). Adverse determinations, or denials of requests, include agency decisions that the requested records are exempt, in whole or in part, as well as determinations that the requested record does not exist or cannot be located. Adverse determinations can also encompass procedural matters associated with a request, such as decisions on fee waiver or expedited processing, or the form or format of the requested records. See, e.g., Department of Justice FOIA Regulations, 28 C.F.R. § 16.6 (d) (2018).

What is administrative appeal?

The administrative appeal process serves an important screening function by providing agencies with "an opportunity to exercise [their] discretion and expertise on the matter" and “to correct mistakes made at lower levels and thereby obviate [] unnecessary judicial review.” Oglesby v. Dep’t of the Army, 920 F.2d 57, 61 (D.C. Cir. 1990). To maximize the effectiveness of this responsibility, agencies should ensure that administrative review is conducted by an appeal authority that is separate and distinct from the office or official that made the initial determination on the request.

Do appeals analysts have to be independent?

While review must remain independent, appeals analysts should freely engage with the FOIA professionals who initially handled the request, asking questions and seeking clarification on any aspect of its handling. At the conclusion of their review, appeals analysts should thoroughly communicate their eventual findings to the agency’s initial review staff. This process facilitates the development of a “feedback loop,” which ensures greater consistency and fewer repetitive appeals in the future.

How to request expedited treatment?

Can my request be processed faster? 1 First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety. 2 Second, a request will be expedited if the information requested is urgently needed to inform the public concerning some actual or alleged federal government activity, and if it is made by a person primarily engaged in disseminating information to the public. 3 Third, if an individual will suffer the loss of substantial due process rights, his or her request will be expedited. A request will not normally be expedited merely because the requester is facing a court deadline in a judicial proceeding. 4 Finally, a request will be expedited if the subject of the request is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affect public confidence. Decisions to expedite under this fourth standard are made by DOJ's Director of Public Affairs.

Can you request expedited processing?

Under certain conditions you may be entitled to have your request processed on an expedited basis. At the Department of Justice, there are four specific situations where a request will be expedited, which means that it is handled as soon as practicable.

Can I request access to public records?

(Subpart A), one may request access to public, nonexempt records maintained by the Executive Office for United States Attorneys (EOUSA) and/or individual United States Attorneys' Offices (USAOs). Before submitting a request, please visit our "FOIA Libraries", as such records may be available, on-line, at no cost.

FOIA Requests

The VA has a decentralized system for fulfilling FOIA requests. The type of information or records you are seeking will determine the location to which you should submit your request.

Veterans Benefits Administration Records

If you, or your authorized representative, are requesting VA records pertaining to yourself (i.e. VA claims records, Military Medical Records, etc.), this is considered a Privacy Act request. To request records of this nature, your request must contain a wet signature and your social security number.

How to write a FOIA appeal letter?

In your FOIA appeal letter you should: 1 Cite section 552 (a) (6) of FOIA and clearly list your grounds for appeal; 2 Attach copies of the original request letter and the denial letter; 3 Take some time to explain the reasons why the denial should be reconsidered (for example, because the exemption does not properly apply to the document, or because the agency should waive the exemption in the current case); and 4 State that you expect a final ruling on your appeal within 20 working days, as required by FOIA.

What is an appeal letter?

Appeal letters can be used to challenge the agency's failure to respond in a timely fashion, a decision not to release records in whole or in part, the adequacy of the search used to locate responsive records, and the agency's refusal to grant you a fee waiver. In your FOIA appeal letter you should:

What is informal resolution?

Informal Resolution. The simplest -- and often most effective -- remedy is to seek informal resolution of the dispute. Delays are frequently due to the overworked nature of most FOIA officers. Your offer to "revise" or "narrow" the scope of your request can go a long way toward getting faster, and better, treatment of your request.

Does the government have a mediation service for FOIA?

Currently there is no mediation available for FOIA disputes. However, the Open Government Act of 2007 , which amends FOIA, provides for the establishment of a new FOIA ombudsman, the Office of Government Information Services, to mediate such disputes. There is some uncertainty about whether the Office will be an organ of the more independent National Archives and Records Administration or the Department of Justice (which defends lawsuits against agencies that refuse to furnish requested documents) (see this Washington Post article and Senator Leahy's Senate address on the issue).

What to call FOIA requester?

You can call the FOIA Requester Service Center at: (202) 395-FOIA (3642). The FOIA Requester Service Center is also available to assist you in answering questions that you have about OMB’s response to your request. If you are not satisfied with the assistance you receive from the FOIA Requester Service Center or they cannot assist you, you may also leave a message for OMB’s Public Liaison: (202) 395-FOIA (3642).#N#Back to FAQs

Why is FOIA not released?

The FOIA statute provided reasons why an agency may not release a requested record. Such records are considered to be legally exempt from release. Among the reasons for withholding a document are the following exemptions from disclosure: Exemption (b) (1) National Security. Exemption (b) (2) Internal Documents.

What is the Freedom of Information Act?

The Freedom of Information Act. As the President stated on December 14, 2005, in his Executive Order 13,392, Improving Agency Disclosure of Information, “The effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed. For nearly four decades, the Freedom ...

How long does it take for an OMB to respond to a FOIA request?

The FOIA Act gives OMB a minimum of 20 working days (that’s excluding Saturdays, Sundays and legal public holidays) to respond to your request. OMB can also extend that time period an additional 10 working days (OMB will send you a letter when that occurs).

Why are OMB documents called proactive disclosures?

These documents are called “proactive disclosures” because they are proactively posted online.

What does OMB do?

OMB assists the President in the discharge of his budgetary, management, and other executive responsibilities. More specifically, OMB assists the President in the preparation of the Federal budget and in managing its execution by the agencies. OMB works to assure that proposed legislation (as well as testimony, reports and policies) is consistent with Administration policies, including the President’s Budget. OMB also has a central role in providing leadership in the development, oversight and coordination of the Federal government’s policies in procurement, financial management and the information, statistical, and regulatory arenas as well as in the implementation of those policies. OMB promotes better program management, strengthens administrative management, develops agency-performance measures and improves coordination of the Executive Branch’s various operations.#N#Back to FAQs

What is the role of the OMB?

More specifically, OMB assists the President in the preparation of the Federal budget and in managing its execution by the agencies. OMB works to assure that proposed legislation (as well as testimony, reports and policies) is consistent with Administration policies, including the President’s Budget.

Under the Freedom of Information Act (FOIA) and the Privacy Act (PA), you can request

Immigration records, whether your own or someone else’s with their permission; and

How to Request and Receive Records as Quickly as Possible

Step 1: Read this entire page, to ensure you request records the right way, from the right agency.