25 CFR 517.8 - Appeals.

§ 517.8 Appeals.

(a)Right of appeal. The requester has the right to appeal to the FOIA Appeals Officer any adverse determination.

(b)Notice of appeal -

(1)Time for appeal. An appeal must be received no later than thirty (30) working days after notification of denial of access or after the time limit for response by the FOIA Officer has expired. Prior to submitting an appeal any outstanding fees associated with FOIA requests must be paid in full.

(2)Form of appeal. An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and initial denial. To expedite the appellate process and give the requester an opportunity to present his/her arguments, the notice should contain a brief statement of the reasons why the requester believes the initial denial to have been in error. The appeal shall be addressed to the National Indian Gaming Commission, Attn: FOIA Appeals Officer, C/O Department of Interior, 1849 C Street NW., Mailstop #1621, Washington, DC 20240.

(c)Final agency determinations. The FOIA Appeals Officer shall issue a final written determination, stating the basis for its decision, within twenty (20) working days after receipt of a notice of appeal. If the determination is to provide access to the requested records, the FOIA Officer shall make those records immediately available to the requester. If the determination upholds the denial of access to the requested records, the FOIA Appeals Officer shall notify the requester of the determination and his/her right to obtain judicial review in the appropriate Federal district court.

[ 71 FR 20007, Apr. 19, 2006, as amended at 81 FR 76307, Nov. 2, 2016]

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