Templates
Appealing a Public Records Denial
Most people accept the first no. Appeals are free in most states, they’re decided by someone other than the person who refused you, and a meaningful share of them succeed.
- Federal deadline
- 90 days from the denial
- Federal cost
- Free
- Decided by
- Someone senior to the denier
- Silence counts as
- A denial you can appeal
The single most useful thing to understand is that an appeal is not a complaint. It’s a formal step in a statutory process, it goes to a different person, and in many jurisdictions the agency has to justify itself to an authority that can order release.
Who hears it
| Where | Appeal goes to | Deadline |
|---|---|---|
| Federal | The agency’s appeal authority, then federal court. OGIS mediates | 90 days |
| Massachusetts | Supervisor of Records, Secretary of the Commonwealth | 90 days |
| Connecticut | Freedom of Information Commission | 30 days |
| New Hampshire | Right-to-Know Ombudsman ($25) or Superior Court | Choose one |
| Vermont | Head of the agency, then Superior Court | 5 business days to decide |
| Texas | Attorney General — and the agency must ask them | 10 business days |
| Florida | Attorney General mediation, or circuit court | No fixed deadline |
| California | Superior court only. No administrative appeal | None set |
The state pages give the detail for each.
Diary the deadline the day you’re refused
Ninety days sounds generous until the file goes quiet for two months. Put it on the calendar immediately, along with the date of the denial letter, because the clock runs from that date and not from when you read it.
Appeal silence, not just refusals
In most jurisdictions, blowing the statutory deadline is a constructive denial. You don’t have to wait for a letter that’s never coming.
This is the strongest position you can be in. The agency has no stated basis on the record, which means it has to construct one under time pressure while explaining why it missed the deadline.
Attack the reasoning, not the outcome
An appeal that says “I disagree” loses. An appeal that says “the agency cited (b)(7) without identifying a sub-part, and didn’t address segregability as the statute requires” wins, or at least forces a real answer.
Read the denial letter as a document with defects. Usually there are two: no sub-part specified, and no mention of segregable material.
Make the two arguments that reverse most denials
Segregability. The statute requires release of any reasonably segregable non-exempt portion. If you received nothing at all, say so plainly — a complete withholding is rarely defensible.
Specificity. A conclusory exemption claim is not a lawful denial. The agency must identify what was withheld and why the exemption applies to that material.
These two sentences carry more appeals than anything else you can write.
Keep it short and dated
One page. Reference the original request date, the tracking number, the denial date, and the specific defects. Attach the original request and the denial.
Reviewers handle a queue. A clear one-page appeal with attachments is a decision they can make today; a five-page argument is one they will come back to.
Use the free mediation where it exists
Federally, the Office of Government Information Services will mediate at no cost. Several states have an equivalent — Maine’s Public Access Ombudsman, Florida’s Attorney General program.
It’s slower than an order but it costs nothing and it moves agencies that ignore letters.
Massachusetts is worth appealing every time. Disputes go to the Supervisor of Records at the Secretary of the Commonwealth, not to a court and not back to the agency that refused you. It costs nothing, and the Supervisor issues orders.
They’re fair. I’ve won nearly every appeal I’ve brought to them. If a Massachusetts agency stonewalls, appeal — the odds are genuinely good.
The appeal letter
[Date]
[Appeal authority, address]
Re: Appeal of denial — request dated [date], tracking number [number]
I appeal the denial dated [date] of my request under [statute].
1. Insufficient specificity. The response cited [exemption] without identifying which sub-part applies or explaining how it applies to the withheld material. A conclusory citation is not a lawful basis for withholding.
2. Segregability. [Statute] requires release of all reasonably segregable non-exempt portions. The response withheld the records in full without any indication that segregability was considered.
3. [Any further specific defect.]
I ask that the records be released, or that an index be provided identifying each withheld record, the exemption claimed, and the basis for it.
Attached: original request, agency response.
Sincerely,
[Name and contact details]
The full treatment
The FOIA Advantage
The appeal chapter covers overcoming delays, denials and roadblocks, with real cases where a refusal was reversed and what was argued to reverse it — plus a complete guide to public records law in every state. Free on Kindle.
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