45 C.F.R. § 2105.57 – Who makes decisions on appeals?

(a) The FOIA Appeals Officer is the deciding official for FOIA appeals.
(b) When necessary, the appropriate deciding official for FOIA appeals will consult other appropriate offices, including legal counsel, for denials of records and fee waivers.
(c) The deciding official for FOIA appeals normally will not make a decision on an appeal if the request becomes a matter of FOIA litigation.