CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE (parts 1 to 399) > SUBCHAPTER N—FREEDOM OF INFORMATION ACT PROGRAM (parts 285 to 299) > PART 292—DEFENSE INTELLIGENCE AGENCY (DIA) FREEDOM OF INFORMATION ACT > 292.7—Filing an appeal for refusal to make records available.

292.7—Filing an appeal for refusal to make records available.

(a) A requester may appeal an initial decision to withhold a record. Further, if a requester determines a “no record” response in answer to a request to be adverse, this determination may also be appealed. Appeals should be addressed to: Defense Intelligence Agency, ATTN: DSP-1A (FOIA), Washington, DC 20340-3299.
(b) The requester shall be advised that the appellate authority must receive an appeal no later than 60 calendar days after the date of the initial denial letter.
(c) Final determination on appeals normally will be made within 20 working days of receipt of the appeal at the above address. If additional time is needed to decide the appeal because of unusual circumstances, the final determination may be delayed for the number of working days, not to exceed 10, which were not utilized as additional time for responding to the initial request. Appeals shall be processed in order of receipt. However, this does not preclude DIA from completing action on an appeal request which can easily be answered, regardless of its ranking within the order of receipt. DIA may expedite action on an appeal request regardless of its ranking within the order of receipt upon a showing of exceptional need or urgency. Exceptional need or urgency is determined at the discretion of DIA.
(d) When an appeal is denied, the requester will be apprised of the following:
(1) The basis for the refusal shall be explained to the requester, in writing, identifying the applicable statutory exemption or exemptions invoked under provisions of this part.
(2) When the final refusal is based in whole or in part on a security classification, the explanation shall include a determination that the record meets the criteria and rationale of the governing Executive Order, and that this determination is based on a declassification review.
(3) The final denial shall include the name and title or position of the official responsible for the denial.
(4) The response shall advise the requester with regard to denied information whether or not any reasonably segregable portions were found.
(5) The response shall advise the requester of the right to judicial review.