[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2411.7]
[Page 350-351]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2411--AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents
 
Sec. 2411.7  Appeal from denial of request.
    (a) Federal Labor Relations Authority/General Counsel of the Federal 
Labor Relations Authority. (1) Whenever any request for records is 
denied, a written appeal may be filed within thirty (30) days after the 
requester receives notification that the request has been denied or 
after the requester receives any records being made available, in the 
event of partial denial. If the denial was made by a Regional Director 
or by the Freedom of Information Officer of the Office of the General 
Counsel, the appeal shall be filed with the General Counsel in 
Washington, DC. If the denial was made by the Solicitor of the 
Authority, the appeal shall be filed with the Chairman of the Authority 
in Washington, DC.
    (2) The Chairman of the Authority or the General Counsel, as 
appropriate, shall, within twenty (20) working days from the time of 
receipt of the appeal, except as provided in Sec. 2411.8, make a
[[Page 351]]
determination on the appeal and respond in writing to the requester, 
determining whether, or the extent to which, the request shall be 
complied with.
    (i) If the determination is to comply with the request and the 
request is expected to involve an assessed fee in excess of $25.00, the 
determination shall specify or estimate the fee involved and shall 
require prepayment of any charges due in accordance with the provisions 
of paragraph (a) of Sec. 2411.10 before the records are made available.
    (ii) Whenever possible, the determination relating to a request for 
records that involves a fee of less than $25.00 shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Authority or the General Counsel.
    (b) Federal Service Impasses Panel. (1) Whenever any request for 
records is denied by the Executive Director, a written appeal may be 
filed with the Chairman of the Panel within thirty (30) days after the 
requester receives notification that the request has been denied or 
after the requester receives any records being made available, in the 
event of partial denial.
    (2) The Chairman of the Panel, within twenty (20) working days from 
the time of receipt of the appeal, except as provided in Sec. 2411.8, 
shall make a determination on the appeal and respond in writing to the 
requester, determining whether, or the extent to which, the request 
shall be complied with.
    (i) If the determination is to comply with the request and the 
request is expected to involve an assessed fee in excess of $25.00, the 
determination shall specify or estimate the fee involved and shall 
require prepayment of any charges due in accordance with the provisions 
of paragraph (a) of Sec. 2411.10 before the records are made available.
    (ii) Whenever possible, the determination relating to a request for 
records that involves a fee of less than $25.00 shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Panel.
    (c) If on appeal the denial of the request for records is upheld in 
whole or in part by the Chairman of the Authority, the General Counsel, 
or the Chairman of the Panel, as appropriate, the person making the 
request shall be notified of the reasons for the determination, the name 
and title or position of the person responsible for the denial, and the 
provisions for judicial review of that determination under 5 U.S.C. 
552(a)(4). Even though no appeal is filed from a denial in whole or in 
part of a request for records by the person making the request, the 
Chairman of the Authority, the General Counsel or the Chairman of the 
Panel, as appropriate, may, without regard to the time limit for filing 
of an appeal, sua sponte initiate consideration of a denial under this 
appeal procedure by written notification to the person making the 
request. In such event the time limit for making the determination shall 
commence with the issuance of such notification.