D.C. Mun. Regs. tit. 15, r. 15-706

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 15-706 - APPEALS

706.1

When a request for records has been denied in whole or in part by an agency, the requester may appeal the denial to the Mayor as set forth in 1 DCMR § 412.

706.2

An appeal to the Mayor shall be in writing. The appeal letter shall include "Freedom of Information Act Appeal" or "FOIA Appeal" in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:

The Mayor's Office of Legal Counsel

FOIA Appeal

1350 Pennsylvania Ave, N.W.

Suite 407

Washington, D.C. 20004

Alternatively, the appeal letter may be submitted through the District of Columbia FOIA Public Access Portal at https://foia-dc.gov/.

The requester shall forward a copy of the appeal to the Commission FOIA Officer.

706.3

An appeal to the Mayor shall be in writing and shall include:

(a) Statement of the circumstances, reasons, or arguments advanced in support of disclosure;

(b) Copy of the original request;

(c) Copy of any written denial; and

(d) Daytime telephone number, and email address or mailing address for the requester.

706.4

Within five (5) days (excluding Saturdays, Sundays, or legal public holidays) of receipt of its copy of the FOIA appeal, the Commission shall file a response with the Mayor's Office of Legal Counsel. The response shall include the following documents:

(a) Justification for the Commission's decision not to grant review of records as requested, to the extent not provided in the agency's letter of denial to the requester;

(b) Any additional documentation as may be necessary and appropriate to justify the Commission's decision, such as a Vaughn index of documents withheld, an affidavit or declaration of a knowledgeable official or employee testifying to the decision to withhold documents, or such other similar proof as the circumstances may warrant; and

(c) A copy of the public record or records in dispute on the appeal; provided, that if the public record or records are voluminous, the Commission may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the Commission may redact such information from the copy furnished to the Mayor's Office of Legal Counsel.

706.5

The Commission may request additional time to file documentation required by § 706.4 by filing a written or emailed request to the Mayor's Office of Legal Counsel with a copy to the requester. The request for additional time must be filed within five (5) days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the appeal. Failure to respond within the time provided shall be deemed a waiver of the right to respond to the appeal.

706.6

If the Mayor's Office of Legal Counsel denies the appeal, or it is deemed denied by failure to respond within the time frame required by 1 DCMR § 412, the requester may seek judicial review of the denial in the D.C. Superior Court. Rules on filing a claim for judicial review may be found with the D.C. Superior Court at www.dccourts.gov.

D.C. Mun. Regs. tit. 15, r. 15-706

Final Rulemaking published at 68 DCR 13097 (12/10/2021)