How to file a FOIA administrative appeal — and why it’s worth the trouble to do so
A version of this column was originally published in the November 2026 issue of The Tennessee Press, the official publication of the Tennessee Press Association.
Getting rejected is part of life. Whether it’s delivered by a high school crush or a college admissions officer, rejection always hurts. But the best response is usually to just accept it and move on.
Unless, of course, the rejection comes from a federal agency in the form of a Freedom of Information Act denial.
As a journalist, you’re probably used to getting rejected by FOIA officers. After waiting months or years for a response to a public records request, you finally receive a short letter from a federal agency informing you that it will not be turning over the data or documents that you so desperately need for your reporting.
It’s a huge bummer. But the worst thing you can do is let that letter serve as the last word.
Instead, you should seriously consider challenging the denial in what’s known as an administrative appeal. Don’t let the word “appeal” fool you. This is not the kind of appeal that requires you to hire a lawyer and go to court. This particular process allows you to appeal rejections on your own to higher authorities within the agency. Think of it as the FOIA equivalent of asking to speak with the manager.
No judges are involved in reviewing your administrative appeal. Instead, more senior agency officials review the initial denial to determine whether it was right, wrong, or somewhere in between. If they conclude that the agency screwed up in some way by rejecting your request — even in part — you’re likely to end up getting at least some of those records you asked for.
You can appeal lots of different things, including full or partial denials and excessive fee estimates and delays. But for the purposes of this column, let’s focus on full or partial denials.
When your request is rejected, the agency is supposed to notify you of your right to file an administrative appeal. The agency’s letter should include information about where your appeal should be filed and when it’s due.
Pay close attention to the deadline. It can vary by agency, but most agencies give you 90 calendar days to file your appeal.
When drafting your appeal, be thorough and precise. Start by making it clear that you are formally appealing your denial. Then you should provide a clear summary of your FOIA request and the agency’s response. It’s also a good idea to attach any relevant documents, including your initial request letter and any correspondence you may have had with agency officials.
Don’t let the word “appeal” fool you. This is not the kind of appeal that requires you to hire a lawyer and go to court.
Finally, you can offer some legal or policy arguments to help bolster your case for why you are entitled to access the records at issue. Your best bet is to craft arguments that are based on the law and that cite cases addressing the specific issues raised in the administrative appeal. The FOIA Wiki, a free online resource created by my colleagues at Reporters Committee, offers examples of administrative appeals that can give you ideas for arguments you could make.
Agencies must respond to your administrative appeals within 20 business days.
There are a few likely outcomes when you file an appeal. In the best-case scenario, the agency would side with you, finding that the agency wrongfully withheld at least some of the records you requested.
Alternatively, the agency could find that the initial rejection was justified, in which case your only other option would be to challenge the denial in court.
The last possible scenario is that the agency denies your appeal — but by citing new or additional arguments that weren’t included in the initial rejection. In this case, you could argue that you are entitled to submit a follow-up appeal that allows you to respond to the agency’s new reasoning for denying your request.
This process might sound burdensome, but trust me, it’s worth the trouble. It’s not uncommon for FOIA officers to make mistakes when rejecting records requests. And if you make a strong case in an administrative appeal that your request was wrongfully denied, there’s a good chance more senior agency officials will agree and turn over the records.
Taking the step to file an administrative appeal could be the difference between obtaining newsworthy public records and letting them collect dust in an agency filing cabinet.
As mentioned above, Reporters Committee’s FOIA Wiki is your best resource for tips on filing an appeal. But if you need extra help, feel free to contact our free Legal Hotline.
Paul McAdoo is Reporters Committee’s Tennessee-based attorney.