2012.1 When a request for records has been denied in whole or in part by the General Counsel, the requester may appeal the denial to the Mayor or may seek immediate judicial review of the denial in the Superior Court.

2012.2 An appeal to the Mayor shall be in writing, and shall include a statement of the circumstances, reasons or arguments advanced in support of disclosure, and a copy of any written denial issued under § 2007.2.

2012.3 Unless the Mayor otherwise directs, the Secretary shall act on behalf of the Mayor on all appeals under this section, except that in the case of an initial denial by the Secretary, the Mayor or his or her designee shall act on the appeal.

2012.4 A written determination with respect to an appeal shall be made within ten (10) working days of the filing of the appeal.

2012.5 If the records, or any segregable part of thereof, are found to have been improperly withheld, the Mayor may order the Board to make them available. If the Board continues to withhold the records, the requester may seek enforcement of the order in the Superior Court.

2012.6 A denial in whole or in part of a request on appeal shall set forth the exemption relied upon, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requester of the right of judicial review.

2012.7 If no determination has been dispatched at the end of the ten-day period, the requester may deem his request denied, and exercise his right to judicial review of the denial.

SOURCE: Final Rulemaking published at 46 D.C. Reg. 1191, 1196-97 (February 12, 1999).