A Requester can file an administrative appeal at any point during Request processing if unsatisfied with the initial response to the Request. For example, if the Requester disagrees with the withholding of information by the agency, or believes that there are additional records relevant to the Request that have not been located, the Requester can file an appeal.
The Requester can file an administrative appeal if:
The Requester has requested expedited processing or a fee waiver and the request is denied
The Requester determines that a record is not an agency record
The record is not presented in the requested form
There are fee issues
After an appeal has been created, the Request type will change to "Appeal". The appeal will be assigned a new Request number, and its status will change to "Received," after which it must be processed like an initial Request.
Create an Appeal
Open a Request for which you want to create an Appeal
Click Appeals. The Appeals screen displays as shown below
Click Create Appeal. The Create Appeal screen appears as shown below
NOTE: If the Barcodes option is enabled this will be available under the Drag and Drop Zone
4. Enter information in the following fields as necessary:
Field | Description |
|---|---|
Requester Details | |
Requester | Requester who submitted the Request. To create a new Requester, click the browse icon , and then click the Create Requester tab. |
Category | Category, as selected from the drop-down menu. |
On Behalf Of | If the Request was submitted on behalf of another person, click the browse icon to search for an existing Requester, or create a new Requester for whom the Request was submitted. |
Address Details (Click to expand) | |
Shipping Address | |
Address 1 | Address of the Requester. |
Address 2 | Second address (if any). |
City | City where the Requester is located. |
Country | Country where the Requester is located. |
State/Province | State where the Requester is located. |
ZIP Code | Zip Code where the Requester is located. |
Billing Address | |
Address 1 | Address of the Requester. |
Address 2 | Second address (if any). |
City | City where the Requester is located. |
Country | Country where the Requester is located. |
State/Province | State where the Requester is located. |
ZIP Code | Zip Code where the Requester is located. |
Appeal Details | |
Action Office | Action Office, as selected from the drop-down menu. |
Appeal Type | Appeal Type, as selected from the drop-down menu. |
Reference | Request for the new appeal to reference. (!!) Note: The Reference Number is the Request Number assigned when an Appeal is created. An Appeal is treated like a new Request, and is identified by its Reference Number. |
Received Mode | Mode in which the Request was received. Options include By Hand, Commercial Carrier, E-mail, Fax, Mail, PAL and Other. |
Multi-Track Type | Multi-Track Type, as selected from the drop-down menu. Options include Simple, Complex, and Expedite. |
Requested Date | Date the Request (Appeal) was sent using the calendar icon. |
Received Date | Date the Request (Appeal) was received using the calendar icon. |
Request Owner | Request Owner, selected by clicking the browse icon |
Primary Assigned | Name of the primary assigned user. |
Appeal Sub Type | Appeal Sub Type, as selected from the drop-down menu. Options include Expedite Processing, Fee Waiver, Final Decision, Interim Response, and Overdue Request. |
Priority | Priority level, as selected from the drop-down menu. Options include High, Low, Medium, and Normal. Priority Codes can be created and modified under Administration > Lookups > Priority Codes. |
Delivery Mode | Delivery Mode, as selected from the drop-down menu. |
Method of Payment | Method of Payment, as selected from the drop-down menu. If none of the payment methods apply, select the empty field. |
Restricted | |
Restricted | Hide the Appeal Description when viewing reports. |
Date Range for Record Search | The date range within which Appeal Description records will be searched. To select the range, click the calendar icons next to the From and To fields, and select the dates within which you want to search. |
Description | A description of the appeal. There are multiple ways to add an Appeal Description. You can manually type the Appeal Description provided by the Requester, drag and drop the Appeal Description (Request Letter) to the Drag and Drop Zone, scan the Appeal Description by clicking Scan File, or attach the Appeal Description by clicking Attach File and selecting a file to attach. |
Reference Request(s) | Use the Manage Reference Requests option to search for and add related reference requests to this appeal |
Sub Requests | |
Sub Requests | Add Sub Requests by expanding the Sub Requests field, then clicking Add. All available Sub Requests will be listed. Select a Sub Request, then click Save. After saving a Sub Request, you can edit it by selecting it, and then clicking Edit. To delete a Sub Request, select a Sub Request, and then click Remove. |
Expedite Requested | |
Expedite Requested | If the Requester has asked for his Request (Appeal) to be expedited, select Yes for this field. After selecting Yes, enter the Start Date, End Date, Expedite Description (manually, by scanning a file, by attaching a file, or by dragging and dropping), and select a Determination from the drop-down menu. |
Fee Waiter Requested | |
Fee Waiver Requested | If the Requester has requested a Fee Waiver, select Yes for this field. After clicking Yes, enter the Start Date, End Date, Fee Waiver Description (manually, by scanning a file, by attaching a file, or by dragging and dropping), and select a Determination from the drop-down menu. |
Fee Details | |
Fee Details | Willing Amount ($) the Requester is willing to pay, and select the Willing to Pay All Fees checkbox if the Requester is willing to pay all fees. |
Link Request(s) | |
Link Request(s) | Link this appeal to another Request in FOIAXpress |
Comments | |
Comments | Any additional comments |
and selecting a user. Users can be located by entering search criteria and clicking Search.Click Save
NOTE: Users can change the Requester while creating or editing an appeal.
NOTE: If a file format that is not configured in Administration > System Configuration > Correspondence Configuration is selected to attach the Appeal Description or Expedite Reason correspondence, the following message displays indicating that the selected file extension is not allowed:
Existing Appeal Details
When saving Appeals, FOIAXpress searches for any existing Appeals filed by the Requester for the same Request number. If there are any duplicates found, the Duplicate Request screen displays as shown below:
Click Save Appeal to save the appeal as a new Request, or click Cancel to abort
Click Close to close the screen and return to the New Appeal screen
NOTE: The Create Appeal screen can also be accessed by clicking Requests > Create Appeal.
View Appeals on a Request
Open the Request for which you want to view an Appeal
Click Appeals. All Appeals associated with the selected Request displays on the Appeals screen as shown below
