4. Contents of appeal

Alabama has no provision for administratively appealing denials of access to public records.

Not applicable.

(This section is blank. See the point above.)

The implementing regulations for D.C. FOIA set out the required contents of an appeal. “An appeal to the Mayor shall be in writing. The appeal letter shall include ‘Freedom of Information Act Appeal’ or ‘FOIA Appeal’ in the subject line of the letter as well as marked on the outside of the envelope.” 1 D.C. Mun. Regs. tit. 1 § 412.3. The requester also must forward a copy of the appeal to the Freedom of Information Officer or head of the agency whose denial is the subject of the appeal. Id.

The written appeal must include:

“(a) Statement of the circumstances, reasons or arguments advanced in support of disclosure;

(b) Copy of the original request, if any;

(c) Copy of any written denial issued under § 407.2; and

(d) Daytime telephone number, email address or mailing address for the requester.”

Id. § 412.4.

The Act does not require or otherwise provide for administrative appeals.

An appeal of a proposed decision is initiated by filing a timely notice of appeal with the applicable agency.   Iowa Code § 17A.16.

The Act does not provide for administrative appeal.

A request for mediation can be submitted to the Public Access Ombudsman via telephone, mail, email, or website submission. COMAR 14.37.02.01. See also https://news.maryland.gov/mpiaombuds/request-mediation. Applicants should, if possible, include a copy of the original PIA request and communications with the custodian. COMAR 14.37.02.02(A). The Ombudsman’s office may also ask for copies of records the custodian produced in response to the PIA request and other documents that would facilitate the mediation process. COMAR 14.37.02.02(B).

Complaints to the PIA Compliance Board must be submitted in writing by mail or email. GP § 4-1A-05; COMAR 14.02.02.01. See also https://www.marylandattorneygeneral.gov/Pages/OpenGov/piacb_procedures.aspx. The requester or designated representative should file a signed complaint that, at minimum, identifies the custodian and describes the relevant circumstances, including the custodian’s actions. GP § 4-1A-05; COMAR 14.02.02.01. The complaint should include a copy of the original PIA request and the custodian’s response, if available. GP § 4-1A-05.

It is described in the statute as a "petition." It must be in writing but can be in letter form. It must attach a copy of the original request to the custodian and any written response from the custodian. 950 CMR 32.08(2).

A fairly detailed description should have been included in the original request to the custodian.

The letter should include a brief statement as to why the record is public or, if the custodian has given reason for denial, refutation of that reason.

The requester’s written appeal should specifically state the word “appeal” and identify the reason or reasons the adverse determination should be reversed. Mich. Comp. Laws § 15.240(a).

An appeal filed in the Law Division of the Superior Court must include a Verified Complaint and Order to Show Cause. R. 4:67.  A requestor can file an appeal with the Government Records Council (“GRC”) by filing a Complaint with the GRC. N.J.S.A. 47:1A-6.

There is no separate or specific statutory or case law guidance for public records appeals.

Not applicable.

The Law requires that the appeal “state the grounds upon which the requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by the agency for delaying or denying the request.” 65 Pa. C.S.A. § 67.1101(a)(1). The Office of Open Records maintains a standard appeal form on its website. https://www.openrecords.pa.gov/Appeals/ProceduralGuidelines.cfm.

An appeal must identify the record requested. The Law requires that the appeal “address any grounds stated by the agency for delaying or denying the request.” Id. § 67.1101(a)(1); see, e.g., Dep’t of Corr. v. Office of Open Records, 18 A.3d 429 (Pa. Commw. Ct. 2011) (reversing Office of Open Records determination that the requester sufficiently addressed the grounds for denial by articulating the procedural history of the request and stating that the “right to know requests are public”).

There are no statutory requirements for the appeal to the agency head; it is not even required that it be in writing, although in practice it should be to be of any real use. The appeal need not explain why the denial is erroneous, but doing so would probably be helpful. At the very least, the appeal should attach or refer to the written denial of the custodian and state that it is being appealed.