SAMPLE
LETTER N
DENIAL
OF REQUEST FOR EXPEDITED PROCESSING
NOTE TO PREPARER OF
CORRESPONDENCE: A response must be made to a requester within 10 calendar
days regarding whether or not to provide expedited processing.
A request for expedited processing must show a compelling
need [see paragraph 11f(5) of SECNAVINST 5720.42F] and be certified.
This response does not require the signature of an Initial
Denial Authority (IDA).
Dear [MR/MS/MRS
___________]:
This refers to your Freedom of Information Act (FOIA)
request of [DATE OF REQUEST], in
which you seek the expedited processing of your request for [DESCRIPTION OF REQUESTED DOCUMENTS]. Your request was received by this office
on [DATE OF RECEIPT] and assigned
file number [FOIA FILE NUMBER].
You indicate that the basis of your request for
expedited processing [DESCRIPTION OF
NEED]. We considered your request
pursuant to guidelines established in Secretary of the Navy Instruction
(SECNAVINST) 5720.42F, which
implements the FOIA within the Department of the Navy.
Please be advised that a request for expedited
processing must demonstrate an exceptional need or urgency for the
information in order to be granted (i.e., when there is an imminent threat to
the life or physical safety of an individual, an imminent loss of substantial
due process rights or humanitarian need, or an urgent need by an individual
primarily engaged in disseminating information in order to inform the public
concerning actual or alleged Federal Government activity). Additionally, a requester must provide a
statement in which he or she self-certifies that the stated basis for
expedited processing is true and correct to the best of his or her knowledge
before a request for expedited processing may be considered. In this instance, we find that you have
not demonstrated an exceptional need or urgency nor have you self-certified that
need or urgency.
I have reviewed your claim and self-certification and have
determined that I must deny your request for expedited processing. [STATE REASON - I.E., YOU FAILED TO
CERTIFY YOUR NEED; YOUR REQUEST DOES NOT MEET THE DEFINITION OF URGENTLY
NEEDED; ETC].
You may appeal this decision, in writing, to [SELECT THE APPROPRIATE APPELLATE
AUTHORITY].
FOR BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES: General Counsel of the Navy, 720 Kennon
Street Se, Rm 214, 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. A statement as to why
your appeal should be granted 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."
Additionally, be advised that, since your request for
expedited processing has been denied, we have placed your request in our
"routine request" queue and have initiated a search for responsive
records. We fully expect that a
decision to grant or deny access to the requested records will be made by [DATE (20 WORKING DAYS FROM THE DATE OF
RECEIPT OF YOUR REQUEST)].
If you have any questions concerning this matter, please
do not hesitate to contact [POC NAME]
at [POC PHONE NUMBER].
Sincerely,
[DOES NOT REQUIRE IDA
SIGNATURE]
1-202-685-6545