5 C.F.R. § 1204.21

Submission

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(a) A person may appeal the following actions, or failure to act by the Clerk of the Board, a Regional Director, or Chief Administrative Judge:

(1) A denial of access to agency records;

(2) A denial of a request for a waiver or reduced fees;

(3) A decision that it is technically not possible to reproduce electronically maintained information in the requester's preferred format;

(4) A denial of a request for expedited processing of information under this part; or

(5) A failure to decide a request for expedited processing within 10 workdays from the date of the request.

(b) Appeals must be filed with the Chairman, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419-0001 within 10 workdays from the date of the denial. Any appeal must include a copy of the initial request, a copy of the letter denying the request, and a statement of the reasons why the requester believes the denying employee erred.

[64 FR 51039, Sept. 21, 1999, as amended at 65 FR 48886, Aug. 10, 2000]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1986–2023 · leading case: Timothy v. Hymen v. Merit Sys. Prot. Bd., 799 F.2d 1421 (9th Cir. 1986).

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Timothy v. Hymen v. Merit Sys. Prot. Bd., 799 F.2d 1421 (9th Cir. 1986). “See 5 C.F.R. § 1204.21 , but Hymen nonetheless failed to take this route.”

Gloria Sanford v. Off. of Special Couns. (MSPB 2023). “Further, an alleged denial of a FOIA request is properly appealed to the Board’s Chairman under the procedures in 5 C.F.R. § 1204.21 , and not by way of a petition for review.”

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