A FOIA requester may appeal an agency’s determination of his/her FOIA request when:
- the agency withheld records, or parts of records
- the agency determined the FOIA request did not adequately describe the records sought
- the agency determined it does not possess or cannot locate responsive records, and the requester has reason to believe this is incorrect or the search was inadequate
- the agency did not address all aspects of the request for records
- there is a procedural deficiency
- the agency denied a request for fee waiver
- the agency did not adjudicate the FOIA request within the required time limits
- the agency denied, or delayed responding to a request for expedited processing
Requesters who are dissatisfied with OIG FOIA’s determination of his/her FOIA request, should consider e-mailing the FOIA Public Liaison at FOIA@doioig.gov to informally resolve any minor misunderstandings in advance of filing a FOIA Appeal.
FOIA Appeal Process
- A formal FOIA appeal must be filed no later than ninety (90) business-days (excluding Saturdays, Sundays, and federal holidays) after the date of DOI OIG FOIA’s final response.
- The appeal must be in writing and prominently display “FOIA Appeal” on the first page. The appeal should also include the requester’s contact information, copies of all correspondence between the requester and the OIG FOIA, and an explanation specifying what aspect of OIG FOIA’s determination is being appealed.
Appeals may be submitted via e-mail oig_foiaappeals@doioig.gov, by fax (703) 487-5432 (Attn: FOIA Appeals Office) or through U.S. Postal Mail.
FOIA Appeals Office
Office of the Inspector General
U.S. Department of Interior
1849 C Street, NW MS-4428
Washington, D.C. 20240
- FOIA appeals are generally processed in the order in which they are received, unless the requester is appealing denial of expedited processing. Expedited processing appeals are automatically prioritized and adjudicated out of turn.
- Upon receipt of a perfected appeal, the DOI OIG Appeal Office has twenty (20) business-days to respond.
- If the DOI OIG Appeals Office:
- grants the appeal, the subject FOIA request is likely remanded to OIG FOIA for additional searches and/or processing.
- denies the appeal in whole or in part, the requester will receive a written determination letter stating the reason for the denial and may exercise his/her right to seek judicial review.
- does not respond in a timely manner, which is commonly referred to as constructive denial, the requester may exercise his/her right to seek judicial review.