§ 1303.114 Appeals.

(a)(1) Appeals of adverse determinations. If you are dissatisfied with the Board's response to your request, you may appeal to the Board's Executive Director: (i) By mail to: U.S. Nuclear Waste Technical Review Board, 2300 Clarendon Boulevard, Suite 1300, Arlington, VA 22201; (ii) By e-mail to: foia@nwtrb.gov specifying that this is a FOIA request in the subject line; or (iii) By fax to: 703-235-4495. (2) The appeal must be in writing and must be received within 30 days of the date of the Board's response. The appeal letter, e-mail, or fax may include as much or as little related information as you wish, as long is it clearly identifies the Board determination that you are appealing, including the assigned request number, if known. For prompt handling, please mark your appeal “Freedom of Information Act Appeal.” (b) Responses to appeals. Requestors shall be notified in writing of the decision on the appeal. A decision affirming an adverse determination shall include a statement of the reason(s) for the affirmation, including any FOIA exemption(s) applied, and shall include the FOIA provisions for court review of the decision. If the adverse determination is reversed or modified on appeal, the request shall be reprocessed in accordance with that appeal decision. (c) When appeal is required. If a review by a court or any adverse determination is desired, the determination must first be appealed under this section. (d) Denial of appeal. An adverse determination by the Executive Director shall be the final action of the Board. (e) Unacceptable appeals. An appeal will not be acted on if the request becomes a matter of FOIA litigation.