FOIA records request procedures

You can submit a FOIA request in writing by mail, delivery, fax, or email, or by using the Commission’s downloadable FOIA request form and sending the completed form by mail, fax, or email. See 2201.5(a) for this procedure and contact information in 2201.3(d).

You must print the words “Freedom of Information Act Request” on the face of the envelope (and on the request itself) when mailing or delivering a FOIA request. This labeling requirement helps the agency recognize and process your submission promptly; see 2201.5.

If you are requesting records about yourself, you must meet the Commission’s identity verification rules in the Privacy Act regulations at 29 CFR 2400.4, as referenced in 2201.5(b). The verification steps typically require proof of identity so the agency can confirm you are the person named in the records.

To receive records about another living person, you should provide either a notarized authorization signed by that person or a declaration signed under penalty of perjury that meets 28 U.S.C. 1746, or you can submit proof that the person is deceased. See 2201.5(c) for these options.

Your request must describe the records with enough detail for the Commission to find them with a reasonable amount of effort; include specifics such as docket numbers or case names when possible. See 2201.5(d) for guidance and consider contacting the FOIA Disclosure Officer in 2201.3(d) for help refining your description.

Yes; you may specify a preferred form or electronic format and the FOIA Disclosure Officer will honor it if the record is readily reproducible in that form with reasonable effort. If you do not specify a preference, the agency will provide the record in the form in which it is most accessible to the Commission. See 2201.5(e).

"Readily reproducible with reasonable efforts" means the agency will provide the record in the format you requested if converting or producing the record in that format does not require excessive time, expense, or unusual technical processes. The FOIA Disclosure Officer evaluates whether producing the requested format is feasible under 2201.5(e).

You must provide contact information such as a phone number, email address, and/or mailing address so the agency can communicate with you about your request. This requirement is stated in 2201.5(f).

A request that complies with the submission requirements in 2201.5(a) is deemed received on the actual date the Commission receives it; if it does not comply with paragraph (a), it is deemed received when actually received by the FOIA Disclosure Officer. See 2201.5(g).

If the request is judged insufficient, the FOIA Disclosure Officer will explain what additional information is needed and you should discuss and reformulate the request with the officer to avoid delays. See 2201.5(e) and the general description guidance in 2201.5(d).

Yes; before submitting a request you may contact the FOIA Disclosure Officer to discuss the records you want and receive help describing them so the Commission can locate the records more easily. See 2201.5(d) and contact info in 2201.3(d).

If you omit contact information, the agency may be unable to reach you to clarify or process your request, which can delay the response; 2201.5(f) requires providing contact details to facilitate communications. Be sure to include at least one reliable way to be reached.

Acceptable proof that an individual is deceased may include a copy of a death certificate or a published obituary; providing such proof is one of the options that allows broader access to another person’s records under 2201.5(c).

The FOIA Disclosure Officer’s contact information is described in 2201.3(d), and 2201.5(a) explains authorized submission methods that reference that contact information.