(a) Appeal of adverse determination. If the Board makes an adverse
determination as defined in section 261.13(f), the requester may file
a written appeal with the Board, as follows:
(1) The appeal should prominently display
the phrase FREEDOM OF INFORMATION ACT APPEAL on the first page, and
should be sent directly to FOIA-Appeals@frb.gov or, if sent by mail,
addressed to the Office of the Secretary, Board of Governors of the
Federal Reserve System, Attn: FOIA Appeals, 20th Street & Constitution
Avenue NW, Washington, DC 20551; or sent by facsimile to the Office
of the Secretary, (202) 872-7565. If the requester is appealing the
denial of expedited treatment, the appeal should clearly be labeled
“Appeal for Expedited Processing.”
(2) A request for records under section
261.11 may not be combined in the same letter with an appeal.
(3) To be considered timely,
an appeal must be postmarked, or in the case of electronic submissions,
transmitted, within 90 calendar days after the date of the adverse
determination.
(b) Except as provided
in section 261.12(c)(3), the Board shall make a determination regarding
any appeal within 20 working days of actual receipt of the appeal
by the Office of the Secretary. If an adverse determination is upheld
on appeal, in whole or in part, the determination letter shall notify
the appealing party of the right to seek judicial review and of the
availability of dispute resolution services from the Office of Government
Information Services as a nonexclusive alternative to litigation.
(c) The Board may reconsider an adverse determination,
including one on appeal, if intervening circumstances or additional
facts not known at the time of the adverse determination come to the
attention of the Board.
