FOIA administrative appeal: denial letter, request number, grounds and 90-day deadline

Identify the adverse determination precisely

The Department of Justice Office of Information Policy explains that FOIA allows administrative appeals from adverse determinations, including full or partial withholding, no-records or cannot-locate responses, fee-waiver denials, expedited-processing denials, certain scope or format decisions, and other adverse processing determinations. State exactly which agency action is being challenged.

Different issues need different records. A search-adequacy challenge is not the same as an exemption challenge. A fee-waiver dispute depends on different facts from a format dispute. Label the issue at the beginning so the appeal does not become a general complaint about the agency.

Calculate and prove the appeal deadline

OIP guidance states that federal agencies must afford at least 90 days after the adverse determination to file an administrative appeal. The response should provide appeal instructions. Record the determination date, stated appeal period, planned submission method, and agency-specific destination.

Preserve the determination, email headers or envelope where relevant, and the current agency instructions. Do not wait until the last day to discover a portal account or particular address is required. If timing is uncertain or litigation is contemplated, obtain individual advice promptly.

Identify the request and operative scope

The DOJ FOIA Reference Guide directs appellants to identify the component, the request number, and the date of the component’s action. If a request number was not assigned, DOJ advises including the determination letter. Put these identifiers on a cover sheet.

Preserve the original request and any narrowing or clarification that changed the operative scope. If the agency processed a narrowed request, the appeal should address that version rather than silently returning to an earlier broader description.

Organize withholding challenges exemption by exemption

List each exemption cited and the records or pages affected. Explain the specific part of the reasoning that is challenged rather than stating only that FOIA favors disclosure. If released documents show the issue, cite stable page or record identifiers.

Consider reasonably segregable non-exempt information. If a whole document was withheld, the appeal may ask the agency to reassess whether non-exempt portions can be released. Avoid absolute claims that an exemption can never apply unless the record supports that conclusion.

Build a search worksheet for no-records or search challenges

List offices, custodians if known, date ranges, systems, file names, email domains, project identifiers, contracts, case numbers, and search terms reasonably suggested by the request. The appeal should explain why objective facts indicate an additional reasonable search path, not demand every system in the government be searched.

Preserve evidence suggesting records likely exist, such as an agency webpage, meeting notice, contract reference, published report, prior correspondence, or record schedule. Explain why the evidence connects to the requested records.

Separate fee-waiver and expedited-processing issues

OIP treats fee-waiver and expedited-processing denials as appealable adverse determinations. Keep the original request, supporting statement, decision, and relevant record in a separate tab. Address the reason given by the agency.

For expedited processing, preserve the original factual showing because later review may focus on what was before the agency. For fee-waiver issues, preserve the public-interest and dissemination facts actually supplied. Mark later developments as later facts rather than rewriting the original record.

Follow the agency’s current submission mechanics

DOJ’s portal and mailing instructions are DOJ-specific. For another agency, use its determination letter and current regulations. Verify the destination immediately before filing and preserve proof of the actual submission.

Mark the document clearly as an administrative appeal and use the request number where instructed. If a portal accepts a text explanation plus an attachment, confirm the final attachment is the version uploaded. A screenshot of a draft page is not proof of filing.

Structure the appeal around a specific corrective action

A practical structure is: request identification, determination challenged, concise procedural history, grounds for reconsideration, and requested action. The requested action should correspond to the issue, such as an additional search, reconsideration of withholding, segregable release, fee-waiver reconsideration, or corrected format.

Use numbered headings and stable exhibit labels. Avoid personal attacks on FOIA staff. OIP describes the appeal process as an opportunity for independent review and correction, so a record that isolates the processing issue is more useful than accusatory language.

Track the appeal after submission

OIP guidance states that, absent unusual circumstances, FOIA provides for a determination on an administrative appeal within twenty working days of receipt. If a denial is upheld in whole or part, the agency must notify the requester about judicial review. OIP also discusses dispute-resolution services through OGIS.

Record the appeal receipt date and any extension, mediation communication, remand, or final decision. A remand creates a new processing event. Keep the later response separate because it may create a new issue or new appeal right.

Federal FOIA appeal record workbook

Use the workbook to confirm that every argument is tied to an agency determination and every requested correction is tied to a specific issue in the administrative record.

1. Federal FOIA applicability — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
2. Agency name — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
3. Agency component — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
4. FOIA request number — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
5. Original request date — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
6. Original request copy — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
7. Scope clarification — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
8. Narrowing correspondence — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
9. Agency acknowledgment — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
10. Adverse determination date — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
11. Complete determination letter — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
12. Appeal-right notice — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
13. 90-day minimum review — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
14. Agency stated deadline — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
15. Current appeal regulation — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
16. Current portal address — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
17. Current mailing address — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
18. Submission method — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
19. Appeal subject line — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
20. Request number in appeal — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
21. Precise challenged determination — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
22. Search-adequacy issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
23. No-records issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
24. Exemption issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
25. Fee-waiver issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
26. Expedited-processing issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
27. Format issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
28. Exemption list — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
29. Withheld page identifiers — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
30. Segregability argument — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
31. Likely record office — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
32. Likely record system — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
33. Custodian information — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
34. Date-range issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
35. Search-term issue — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
36. Evidence records exist — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
37. Fee-waiver evidence — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
38. Expedition evidence — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
39. Original administrative record — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
40. Later-developed facts — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
41. Issue matrix — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
42. Exhibit index — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
43. Requested corrective action — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
44. Final appeal PDF — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
45. Exact attachment set — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
46. Portal confirmation — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
47. Mail tracking — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
48. Appeal receipt date — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
49. FOIA Public Liaison notice — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
50. OGIS notice — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
51. Remand event — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
52. Remand response — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
53. Final appeal determination — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
54. Judicial-review notice — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.
55. Professional litigation review trigger — Review this point against the underlying record. Record the source, date, reference number or other evidence that supports the entry, and state the next action if the point remains unresolved.

A disciplined record helps the appeal authority perform an independent review. It also preserves the sequence if the request is remanded, mediated, or later reviewed by a court.

Official sources

The official materials below are the primary sources used for this guide. Agency instructions can change, so verify the current official process when taking action.

• DOJ FOIA Reference Guide
• DOJ OIP Appeals Guidance
• DOJ OIP Agency Regulations Template

Final control

Before sending a report, appeal, request, dispute, or supporting document, compare the final version with the source records. Check names, identifiers, dates, attachments, deadlines, and the exact action requested. Preserve the exact submitted version and proof of delivery. This guide is general information and record-organization support, not individual legal advice.