D.C. Mun. Regs. tit. 3, r. 3-2012

Current through Register 71, No. 45, November 7, 2024

Rule 3-2012 - REVIEW OF DENIALS

2012.1

When a request for records has been denied in whole or in part by the General Counsel, the requester may appeal the denial to the Mayor or may seek immediate judicial review of the denial in the Superior Court.

2012.2

Unless the Mayor otherwise directs, the Secretary shall act on behalf of the Mayor on all appeals under this section.

2012.3

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:

Mayor's Correspondence Unit

FOIA Appeal

1350 Pennsylvania Ave, NW

Suite 316

Washington, D.C. 20004

The requester shall forward a copy of the appeal to the General Counsel.

2012.4

An appeal to the Mayor shall include:

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

(b) Copy of the original request, if any;

(c) Copy of any written denial issued under § 2007.2; and

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

2012.5

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

(a) The justification for the decision not to grant review of records as requested, to the extent not provided in the letter of denial to the requester;

(b) Any additional documentation as may be necessary and appropriate to justify the denial, 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 Board may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the Board may redact such information from the copy furnished the Secretary in a manner that makes clear that the Board has made redactions.

2012.6

The Board may request additional time to file documentation required by § 2012.5 by filing a written or e-mailed request to the Secretary 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. The Secretary will respond to the request for additional time with a copy to the requester.

2012.7

A written determination with respect to an appeal shall be made within ten (10) working days of the filing of the appeal.

2012.8

If the records, or any segregable part of thereof, are found to have been improperly withheld, the Mayor may order the Board to make them available. If the Board continues to withhold the records, the requester may seek enforcement of the order in the Superior Court.

2012.9

A denial in whole or in part of a request on appeal shall set forth the exemption relied upon, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requester of the right of judicial review.

2012.10

If no determination has been dispatched at the end of the ten-day period, the requester may deem his request denied, and exercise his right to judicial review of the denial.

D.C. Mun. Regs. tit. 3, r. 3-2012

Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014)

Authority: The District of Columbia Election Code of 1955, as amended, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2012 Repl.)).