• Part Number:
  • Part Number Title:
    Regulations Implementing The Freedom of Information Act.
  • Standard Number:
  • Title:
    Response to requests.
  • GPO Source:

Response within ten working days. Except in the unusual circumstances stated in 5 U.S.C. 552 (a)(6)(B) (concerning search and collection of records in separate offices, voluminous records, and consultation with another agency or another Commission office), the Freedom of Information Act Officer shall respond to a request for records or information submitted in accordance with 2200.6 within ten working days after receipt of the request.

Content of denial. When the Freedom of Information Act Officer denies a request, the notice of the denial shall state the reason for it and that the denial may be appealed as specified below. A refusal by the Freedom of Information Act Officer to process the request because the requester has not made an advance payment or given a satisfactory assurance of full payment required under 2201.8(f) may be treated as a denial of the request and appealed under paragraph (c) of this section.
Appeal of denial. A denial of a request may be appealed in writing to the Chairman of the Commission within 30 working days after the requester receives notice of the denial. The Chairman shall act on the appeal under 5 U.S.C. 552(a)(6)(ii) within 20 working days after the receipt of the appeal. If the Chairman wholly or partially upholds the denial of the request, he shall notify the requesting person that he may obtain judicial review of the Chairman's action under 5 U.S.C. 552(a)(4)(B)-(G).