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FOIA Appeals

A Freedom of Information Act (FOIA) requester may appeal the denial of records responsive to a request.

It must be in writing and sent it to the review official at the address, and within the time limit, provided in your denial letter. The appeal letter should state reasons why you believe that the FOIA exemption(s) cited do not apply to the records that you requested, or give reasons why they should be released regardless of whether the exemption(s) apply. Because we have discretionary authority in deciding whether to release or withhold certain types of records, you may strengthen your request by explaining your reasons for wanting the records. However, you are not required to give any explanation.

If the review official grants your appeal, we will grant access to the records or explain the reason for delay. If the decision is to deny your appeal, the official will state the reasons for the decision in writing and inform you of the FOIA provision for judicial review.

Additional information pertaining to appeals may be found in the Department’s FOIA regulation.