SAMPLE
LETTER M
DENIAL
OF FEE WAIVER RESPONSE
NOTE TO PREPARER OF
CORRESPONDENCE: This response will serve as the administrative record
should litigation ensue. Accordingly,
ensure that all issues have been completely and fully addressed; that only
chargeable costs (as opposed to all processing costs that are collected on DD
Forms 2086 and 2086-1) are addressed; etc.
This response requires the signature of your Initial
Denial Authority (IDA).
Dear [MR/MRS/MS]:
This responds to your Freedom of Information Act (FOIA) request of [DATE OF REQUEST LETTER] in which you
seek [RESTATEMENT OF WHAT REQUESTER IS
SEEKING]. Your request was
received by this office on [DATE
REQUEST RECEIVED] and assigned file number [FILE NUMBER].
NOTE: IF REQUEST DOES NOT DELINEATE DATE/TIME
FRAME OF DOCUMENTS OR SEARCH TO BE UNDERTAKEN, THEN ADD THIS PARAGRAPH:
Pursuant to procedures established in Secretary of the Navy
Instruction (SECNAVINST) 5720.42F, our search for responsive records
encompassed only those records in existence as of [DATE REQUEST RECEIVED], the date your request was received by
this office.
USE THIS PARAGRAPH
WHEN THE REQUESTER HAS FAILED TO SHOW WHY THEY ARE ENTITLED TO A WAIVER:
Although you have requested a full waiver of fees, you have not furnished
sufficient information to show why you would be entitled to such a
waiver. Specifically, your request
should address:
[IDENTIFY ALL OR
SOME OF THE BELOW LISTED ISSUES]
* your ability
to disseminate the information to the public;
* your
expertise in the subject area of the request and ability and intention to
disseminate the information to the public;
* how
disclosure of the requested documents would significantly contribute to the
public understanding of the operations or activities of the Department of the
Navy;
* who in the
public would be benefited; etc
* the current
level of public attention to the general subject to which the information
relates (newsworthiness);
Alternatively, as a [STATE
CATEGORY OF REQUESTER, I.E., COMMERCIAL, EDUCATIONAL/SCIENTIFIC, ALL OTHER,
NEWS MEDIA], you are responsible entitled to [IDENTIFY THE KIND OF FEES, i.e., search, reproduction, review]. We estimate that fees for processing
your request will total [$ ], [BREAKOUT THE SPECIFIC COSTS].
Please notify us if you agree to
pay these costs and we will immediately continue with the processing of your
request. Otherwise, we will close
this file in 30 days with no further action required. You can notify us by mail or by fax at [TELEPHONE NUMBER]. You will not be billed until after we have
processed your request.
Should you wish to appeal my refusal to grant you a full
waiver of fees, you must send your appeal, in writing, to the [SELECT THE APPROPRIATE APPELLATE
AUTHORITY].
FOR
BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES: General Counsel of the Navy, 720
Kennon Street SE, Washington Navy Yard, DC 20374-5012; or
FOR MILITARY LAW AND ALL MATTERS OTHER THAN THOSE FALLING UNDER THE
COGNIZANCE OF GENERAL COUNSEL: Judge
Advocate General of the Navy (Code 14), 1322 Patterson Avenue SE, Suite 3000,
Washington Navy Yard, DC 20374-5066.
Your appeal
must be postmarked within 60 calendar days from the date of this letter to be
considered. Any supporting rationale
to substantiate your request for a full waiver of fees should
be included and
the enclosed copy of this letter should be attached. Both the appeal letter and the envelope
should bear the notation, "Freedom of Information Act Appeal."
Any questions
concerning this matter should be directed to
[ACTION OFFICER'S NAME AND CODE] at
[ACTION OFFICER'S TELEPHONE NUMBER].
I am the official responsible
for the denial of your request for a full waiver of fees.
Sincerely,
SIGNATURE
(Must be
signed by an IDA)
1-202-685-6545