28 C.F.R. § 27.5

Review

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(a) Within 30 calendar days of a finding of a lack of jurisdiction, a final determination on the merits, or corrective action ordered by the Director, the Complainant or the FBI may request review by the Deputy Attorney General of that determination or order. The Deputy Attorney General shall set aside or modify the Director's actions, findings, or conclusions found to be arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; obtained without procedures required by law, rule, or regulation having been followed; or unsupported by substantial evidence. The Deputy Attorney General has full discretion to review and modify corrective action ordered by the Director, provided, however that if the Deputy Attorney General upholds a finding that there has been a reprisal, then the Deputy Attorney General shall order appropriate corrective action.

(b) The parties may not file an interlocutory appeal to the Deputy Attorney General from a procedural ruling made by the Director during proceedings pursuant to § 27.4 of this part. The Deputy Attorney General has full discretion to review such rulings by the Director during the course of reviewing an appeal of the Director's finding of a lack of jurisdiction, final determination, or corrective action order brought under paragraph (a) of this section.

(c) In carrying out the functions set forth in this section, the Deputy Attorney General may issue written directives or orders to the parties as necessary to ensure the efficient and fair administration and management of the review process.

[89 FR 7286, Feb. 2, 2024]

Notes of Decisions

Cited in 2 cases, 2005–2017 · leading case: Runkle v. Gonzales, 391 F. Supp. 2d 210 (D.D.C. 2005).

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Runkle v. Gonzales, 391 F. Supp. 2d 210 (D.D.C. 2005). “If the DOJ-IG or DOJ-OPR decides to terminate an investigation or has not notified the FBI employee who made the complaint within 120 days that it will seek corrective action, the employee can request corrective action directly from the Director of the DOJ’s Office of Attorney…”

Robinson v. Sessions, 260 F. Supp. 3d 264 (W.D.N.Y. 2017). “See 28 C.F.R. § 27.5 (a). On the back end, the NICS Operations Center 2 uses the potential purchaser’s information to search FBI-maintained databases — such as the NICS index, the National Criminal Information Center’s *268 Violent Gang and Terrorist Organization File (“VGTOF”),…”

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