How long do I have to file an administrative appeal after a FOIA denial, and does the agency have to tell me the deadline?

When a federal agency denies your request, in full or in part, you generally have the right to file an administrative appeal before going to court. The good news for requesters is that the agency is required to spell out the process for you.

The agency must tell you the deadline

Under the federal Freedom of Information Act, an agency’s adverse determination letter must do more than say “no.” It must explain the reason for the denial and notify you of your right to appeal, including how to file and the time limit for doing so. In practice, this means the deadline you are bound by is the one stated in that agency’s own denial letter and regulations.

So you should not have to guess. Read the determination letter carefully and look for the appeal instructions. If they are missing or unclear, contact the agency’s FOIA office or its FOIA Public Liaison, who can confirm where and by when to appeal.

How long do you have

Federal agencies set their appeal windows by regulation, and the period is typically measured from the date of the denial letter. Because the exact number of days can differ from one agency to another, rely on the specific deadline printed in your determination letter rather than a single universal figure. File early when you can, and keep a copy of your appeal and proof of the date you sent it.

A few practical points:

• An appeal is decided by a different, usually more senior official than the one who issued the denial.
• Exhausting the administrative appeal is normally required before you can seek judicial review.
• If you need help, the National Archives’ Office of Government Information Services (OGIS) offers free mediation between requesters and agencies.

State public-records laws differ

Everything above applies to the federal FOIA. State open-records laws set their own appeal deadlines, notice requirements, and remedies, and they vary widely. Check the statute and the denial notice for the specific state agency involved.

For more on requester rights and the FOIA process, see FOIA and public records.