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Class Synopsis
Appeals of Federal Decisions & Freedom of Information and Privacy Acts
I. Freedom of Information Act ("FOIA")
- Overview of FOIA
- The Statute
- Who and what are subject to FOIA?
- Who can request information?
- Does it matter why the information is being requested?
- What process is followed?
- Making a FOIA Request.
- How to describe what you need
- Where to make a FOIA request
- What needs to be included in the request?
- How will your request be processed?
- Responding to a FOIA Request.
- Acknowledgment
- Determining if records exist in your office
- Is the document already public?
- Estimating quantity of records and search time
- Evaluating request for waivers
- Are records I other offices included in the scope of the request
- Is tribal consultation necessary?
- Dealing with tribal responses.
- Determining what records are not subject to disclosure – examining the nine
exemptions to FOIA disclosure
- Decision document
- Withholding records in whole or in part
- Producing records
- Do you identify where records are if you don’t have them
- "Reverse" FOIA action – preventing disclosure of tribal information
- Appeals – pursuing and defending FOIA appeals
- Litigation
- Complaint
- Service of process
- Agency response
- Discovery
- Attorneys fees
II. Privacy Act
- Overview of the Privacy Act
- Disclosure to Third Parties of Information concerning covered records
- What records can be released?
- Is there consent required to the release of information?
- Exceptions to the consent requirement
- Access to personal records
- Access
- Denial
- Civil remedies
- Criminal penalties
- Agency Collection and Maintenance of Information
- Notice
- First Amendment Information
- Insuring the accuracy and relevance of information
- Administrative provisions
- Exemptions
- Comparison of the Freedom of Information Act and the Privacy Act
Appeals under 25 C.F.R. Part 2
- What may be appealed?
- Who may appeal?
- Person or entity requesting the decision – standing issues
- "Interested party"
- Process for Appeal
- Notice of decision
- Time limit – when does time begin to run?
- Notice of appeal
- Statement of reasons – what should it include?
- Answer
- When IBIA is the deciding body
- When the Assistant Secretary- Indian Affairs is the deciding official
- When a subordinate official is deciding
- Preparation of the administrative record
- What should be included?
- How is it assembled?
- Who gets copies
- When is action final for the "agency"?
- Litigation
- Administrative Procedures Act
- Specific statutes authorizing judicial review
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