# 10 CFR § 1703.109: Procedure for appeal of denial of requests for board records and denial of requests for fee waiver or reduction

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.109

## Section

- **Citation:** 10 CFR § 1703.109
- **Heading:** Procedure for appeal of denial of requests for board records and denial of requests for fee waiver or reduction
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 10—Energy > CHAPTER XVII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD > PART 1703—PUBLIC INFORMATION AND REQUESTS

## Text

(a)(1) A person whose request for access to records in whole or in part may appeal that determination to the General Counsel within 90 days of the determination. A person denied a fee waiver or reduction may appeal that determination to the General Counsel within 90 days. The person may also seek assistance from the FOIA Public Liaison of the agency. Appeals filed pursuant to this section must be in writing, directed to the General Counsel at the address indicated in § 1703.105(b)(2), and clearly marked “Freedom of Information Act Appeal.” Such an appeal received by the Board not addressed and marked as indicated in this paragraph will be so addressed and marked by Board personnel as soon as it is properly identified and then will be forwarded to the General Counsel.
(2) The General Counsel shall make a determination with respect to any appeal within 20 working days after the receipt of such appeal. If, on appeal, the denial of the request for records or fee reduction is in whole or in part upheld, the General Counsel shall notify the person making such request of the provisions for judicial review of that determination.
(3) The requestor may request that the FOIA Public Liaison refer the denial to be reviewed through dispute resolution services or may request the Office of Government Information Services within the National Archives and Records Administration to review the denial.
(b) In unusual circumstances, as defined in § 1703.108(f), the time limits prescribed for deciding an appeal pursuant to this section may be extended by up to ten working days, by the General Counsel, who will send written notice to the requester setting forth the reasons for such extension and the expected determination date.
[56 FR 21261, May 8, 1991, as amended at 82 FR 30723, July 3, 2017; 91 FR 10308, Mar. 3, 2026]

## Nearby sections

- [10 CFR § 1703.101 § 1703.101 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.101.md)
- [10 CFR § 1703.102 § 1703.102 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.102.md)
- [10 CFR § 1703.103 § 1703.103 Requests for agency records available through the electronic reading room.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.103.md)
- [10 CFR § 1703.105 § 1703.105 Requests for board records not available through the public reading room (FOIA requests).](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.105.md)
- [10 CFR § 1703.106 § 1703.106 Requests for waiver or reduction of fees.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.106.md)
- [10 CFR § 1703.107 § 1703.107 Fees for record requests.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.107.md)
- [10 CFR § 1703.108 § 1703.108 Processing of FOIA requests.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.108.md)
- [10 CFR § 1703.109 § 1703.109 Procedure for appeal of denial of requests for board records and denial of requests for fee waiver or reduction.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.109.md)
- [10 CFR § 1703.110 § 1703.110 Requests for classified records.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.110.md)
- [10 CFR § 1703.111 § 1703.111 Privileged or confidential information.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.111.md)
- [10 CFR § 1703.112 § 1703.112 Computation of time.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.112.md)
- [10 CFR § 1704.1 § 1704.1 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1704.1.md)
- [10 CFR § 1704.2 § 1704.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1704.2.md)
- [10 CFR § 1704.3 § 1704.3 Open meetings requirement.](https://www.frixlaw.com/law-library/statutes/ecfr-10-1704.3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-10-1703.109. Check the current official text before relying on it. Not legal advice.