FOIA appeal procedures

You can appeal if you received an adverse FOIA determination such as a full or partial denial, a claim that records cannot be found or were destroyed, a fee dispute or waiver denial, denial of expedited processing, or if the component failed to respond within the FOIA time limits. See 70.22(a).

You must file the appeal within 90 days of the action you are appealing. See 70.22(a).

Your appeal should state the grounds for the appeal in writing and, to help process it, should include the assigned request number (if any), your mailing address and daytime phone number, and copies of your original request and the component's response. See 70.22(b).

No, supporting statements or arguments are optional but the appeal must state the grounds for appeal in writing. See 70.22(b).

If you mail the appeal, mark the envelope and the letter of appeal clearly with “Freedom of Information Act Appeal.” See 70.22(b).

Yes, you can amend your appeal, but any amendment must be in writing and received before a decision on the appeal is issued. See 70.22(b).

Send your appeal to the Solicitor of Labor, Office of the Solicitor, FOIA Appeals Unit, Division of Management and Administrative Legal Services, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2420, Washington, DC 20210. See 70.22(c).

Yes, appeals may be submitted by fax to 202-693-5538 or by email to foiaappeal@dol.gov. Appeals sent to other email addresses will not be accepted. See 70.22(c).

Yes, if a component fails to respond to a request within the FOIA time limits referenced in 70.25(a), that failure is listed as a basis to appeal under 70.22(a).

Yes, disputing a component's determination that records cannot be located or have been destroyed is specifically listed as a ground for appeal. See 70.22(a).

Yes, disputes over a component’s assessment of fees or denial of a fee waiver are among the examples of adverse determinations that you may appeal. See 70.22(a).

Provide your mailing address and a daytime telephone number so the Appeals Unit can contact you about the appeal. Including these details helps processing. See 70.22(b).

Appeals submitted to any email address other than the one specified will not be accepted, so you must use the authorized address foiaappeal@dol.gov. See 70.22(c).

Yes, including copies of your initial request and the component’s response with the appeal is recommended to facilitate processing. See 70.22(b).

Yes, a denial of a request for expedited processing is listed as an example of an adverse determination you may appeal. See 70.22(a).