(a) Appeal of adverse determination. If the Board makes an adverse determination as defined in § 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 [email protected] 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 § 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 § 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.
Notes of Decisions
In Re Bankers Trust Co., 61 F.3d 465 (6th Cir. 1995).
· cites it 2× “requiring the production of documents or information” is directed to promptly advise the Board’s general counsel of such request and must continually “decline to disclose the *468 information-” 12 C.F.R. § 261.14 . The Federal Reserve contends, in its amicus curiae brief, that…”
Merchants Bank v. Vescio, 205 B.R. 37 (D. Vt. 1997).
“We therefore hold the language in 12 C.F.R. § 261.14 that requires a party that is served with a subpoena, order, or other judicial process to continually decline to disclose information or testimony exceeds the congressional delegation of authority and cannot be recognized by…”
Robbins v. Wilkie, 289 F. Supp. 2d 1307 (D. Wyo. 2003).
“We therefore hold that the language in 12 C.F.R. § 261.14 that requires a party that is served with a subpoena, order, or other judicial process to continually decline to disclose information or testimony exceeds the congressional delegation of authority and cannot be recognized…”
Hunnings v. Travelers Ins. Grp. Holdings, Inc. (S.D. Ga. 2020).
“§ 552 (b)(8) (exempting from FOIA disclosures all reports concerning examination, operation, or condition of financial institutions); 12 C.F.R. § 261.14 (a)(8) (protecting from public disclosure all FDIC “[e]xamination, inspection, operating, or condition reports” and “[a]ny…”
Bank of Am., N.A. v. BDO Seidman, LLP, 23 Mass. L. Rptr. 360 (Mass. Super. Ct. 2007).
“We therefore hold the language in 12 C.F.R. §261.14 that requires a parly that is served with a subpoena, order, or other judicial process to continually decline to disclose information or testimony exceeds the congressional delegation of authority and cannot be recognized by…”
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