On July 8, 2015, the Securities and Exchange Commission (SEC) issued a final rule regarding its Freedom of Information Act (FOIA) regulations. The SEC was considering imposing a 30-day time limit in which to file an appeal under FOIA. Instead, the SEC extended the time frame to 90 days.
National Whistleblower Center General Counsel David K. Colapinto submitted comments to the SEC regarding the proposed 30-day time limit. The SEC refers to Mr. Colapinto’s submission in the discussion of the final rule stating that he, “objected to the imposition of a 30 day time frame in which to file an appeal as too short and asserted that it ‘does not afford individuals (such as whistleblowers and individual investors) sufficient time to find legal representation or to file a substantive appeal.’”
In response to Mr. Colapinto’s comment, the “Office of FOIA Services staff referred to the above referenced review of the FOIA appeals procedures at twenty-two federal agencies. It was noted that over half of those agencies have appeals time frames longer than 30 days.” Therefore the SEC decided to adopt a 90-day time frame “to permit FOIA requesters ample opportunity to fully address any complex issues related to their appeal.”
Links:
- Final Rule: Freedom of Information Act Regulations: Fee Schedule, Addition of Appeals Time Frame, and Miscellaneous Administrative Changes
- Comment to SEC Proposed Amendments to FOIA Regulations by David K. Colapinto
