4-4.29 After the Final Decision

1. Outcomes on Appeal. On appeal, the General Counsel may affirm, affirm in part, reverse, or reverse in part the initial FOIA response of a records custodian. The General Counsel may also remand the request in whole or in part to the records custodian for further processing. In this instance, the requester may appeal from the additional response of the records custodian following remand.

Right to Review. A decision that upholds a component’s adverse determination in whole or in part will contain a statement that identifies the reasons for the affirmance, including any FOIA exemptions applied. The decision will provide the requester with notification of the statutory right to file a lawsuit and will inform the requester of the mediation services offered by the Office of Government Information Services of the National Archives and Records Administration as a non-exclusive alternative to litigation.