12 CFR 1301.11 - Administrative appeals.
(a) Grounds for administrative appeals. A requester may appeal an initial determination of the Council, including but not limited to a determination:
(1) To deny access to records in whole or in part (as provided in§ 1301.8(b)(4));
(2) To assign a particular fee category to the requester (as provided in§ 1301.12(c));
(3) To deny a request for a reduction or waiver of fees (as provided in§ 1301.12(f)(7));
(4) That no records could be located that are responsive to the request (as provided in§ 1301.8(b)(5)); or
(5) To deny a request for expedited processing (as provided in§ 1301.7(c)(5)).
(b) Time limits for filing administrative appeals. An appeal, other than an appeal of a denial of expedited processing, must be submitted within thirty-five (35) days of the date of the initial determination or the date of the letter transmitting the last records released, whichever is later. An appeal of a denial of expedited processing must be made within ten (10) days of the date of the initial determination to deny expedited processing (see § 1301.7).
(2) Be clearly marked on the appeal request and any envelope that encloses it with the words “Freedom of Information Act Appeal” and addressed to Financial Stability Oversight Council, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220;
(3) Set forth the name of and contact information for the requester, including a mailing address, telephone number, and, if available, an email address at which the Council may contact the requester regarding the appeal;
(4) Specify the date of the initial request and date of the letter of initial determination, and, where possible, enclose a copy of the initial request and the initial determination being appealed; and
(d) Processing of administrative appeals. Appeals shall be stamped with the date of their receipt by the office to which addressed, and shall be processed in the approximate order of their receipt. The receipt of the appeal shall be acknowledged by the Council and the requester advised of the date the appeal was received and the expected date of response.
(e) Determinations to grant or deny administrative appeals. The Chairperson of the Council or his/her designee is authorized to and shall decide whether to affirm or reverse the initial determination (in whole or in part), and shall notify the requester of this decision in writing within twenty (20) days (exclusive of Saturdays, Sundays, and legal public holidays) after the date of receipt of the appeal, unless extended pursuant to § 1301.7(e).
(iii) Notified of the name and title or position of the official responsible for the determination on appeal;
(iv) Provided with a statement that judicial review of the denial is available in the United States District Court for the judicial district in which the requester resides or has a principal place of business, the judicial district in which the requested records are located, or the District of Columbia in accordance with5 U.S.C. 552(a)(4)(B); and
(v) Provided with notification that mediation services may be available to the requester as a non-exclusive alternative to litigation through the Office of Government Information Services in accordance with5 U.S.C. 552(h)(3).
Title 12 published on 2015-01-01.
No entries appear in the Federal Register after this date, for 12 CFR Part 1301.