HHS Fiscal Year 2009 Freedom of Information Annual Report
Contents
- VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS [PDF] [XML]
- Full HHS Fiscal Year 2009 Freedom of Information Annual Report [PDF]
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VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS
| Number of Appeals Pending as of Start of Fiscal Year | Number of Appeals Received in Fiscal Year | Number of Appeals Processed in Fiscal Year | Number of Appeals Pending as of End of Fiscal Year | |
|---|---|---|---|---|
| OS | 316 | 153 | 170 | 299 |
| CMS | 147 | 7 | 4 | 150 |
| HHS Total | 463 | 160 | 174 | 449 |
B. Disposition of Administrative Appeals – All Processed Appeals
| Number Affirmed on Appeal | Number Partially Affirmed & Partially Reversed/Remanded on Appeal | Number Completely Reversed/Remanded on Appeal | Number of Appeals Closed for Other Reasons | TOTAL | |
|---|---|---|---|---|---|
| OS | 51 | 4 | 5 | 110 | 170 |
| CMS | 0 | 1 | 0 | 3 | 4 |
| HHS Total | 51 | 5 | 5 | 113 | 174 |
C. (1) Reasons for denial on Appeal – Number of Times Exemptions applied
| Ex. 1 | Ex. 2 | Ex. 3 | Ex. 4 | Ex. 5 | Ex. 6 | Ex. 7(A) | Ex. 7(B) | Ex. 7(C) | Ex. 7(D) | Ex. 7(E) | Ex. 7(F) | Ex. 8 | Ex. 9 | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| OS | 0 | 0 | 0 | 1 | 4 | 8 | 3 | 0 | 3 | 0 | 0 | 0 | 0 | 0 |
| CMS | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| HHS Total | 0 | 0 | 0 | 1 | 4 | 9 | 3 | 0 | 3 | 0 | 0 | 0 | 0 | 0 |
C. (2) Reasons for denial on Appeal – Reasons other than exemptions
| No Records | Records Referred at Initial Request Level | Request Withdrawn | Fee-Related Reason | Records Not Reasonably Described | Improper Request For Other Reasons | Not Agency Record | Duplicate Request Or Appeal | Request In Litigation | Appeal Based Solely on Denial of Request For Expedited Processing | Other See Chart Below | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| OS | 4 | 1 | 22 | 2 | 0 | 2 | 0 | 0 | 0 | 5 | 74 |
| CMS | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 3 |
| HHS Total | 4 | 1 | 22 | 2 | 0 | 2 | 0 | 0 | 0 | 0 | 77 |
C. (3) Reasons for denial on Appeal – Other:
| Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied upon | TOTAL | |
|---|---|---|
| OS | Administratively closed, requester did not respond/express continued interest in the records requested | 74 |
| CMS | Administrative Closures | 3 |
| HHS Total | Administrative Closures | 77 |
C. (4) Response time for administrative appeals (See chart)
| Median Number of Days | Average Number of Days | Lowest Number of Days | Highest Number of Days | |
|---|---|---|---|---|
| OS | 231 | 309 | 1 | 973 |
| CMS | 329 | 1,054 | 54 | 3,505 |
| HHS Overall | 289 | 650 | 1 | 3,505 |
C. (5) Ten Oldest Pending Appeals
| 10th Oldest Appeal | 9th | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd | Oldest Appeal | ||
|---|---|---|---|---|---|---|---|---|---|---|---|
| OS | Date of Receipt of Ten Oldest Appeals | 8/31/04 | 7/30/04 | 7/1/03 | 5/20/03 | 2/11/03 | 12/3/02 | 10/25/02 | 10/31/01 | 8/15/01 | 4/28/00 |
| Number of Days Pending | 1,023 | 1,043 | 1,314 | 1,314 | 1,408 | 1,602 | 1,624 | 1,629 | 1,659 | 1,980 | |
| CMS | Date of Receipt of Ten Oldest Appeals | 1/03/00 | 12/29/99 | 11/22/99 | 11/13/99 | 5/7/99 | 4/14/99 | 3/29/96 | 4/6/95 | 2/26/95 | 6/23/94 |
| Number of Days Pending | 2,455 | 2,458 | 2,484 | 2,490 | 2,620 | 3,636 | 3,402 | 3,650 | 3,678 | 3,848 | |
| HHS Overall | Date of Receipt of Ten Oldest Appeals | 1/03/00 | 12/29/99 | 11/22/99 | 11/13/99 | 5/7/99 | 4/14/99 | 3/29/96 | 4/6/95 | 2/26/95 | 6/23/94 |
| Number of Days Pending | 2,455 | 2,458 | 2,484 | 2,490 | 2,620 | 2,636 | 3,402 | 3,650 | 3,678 | 3,848 |