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Home Legislation

Deadline for FOIA Appeals at SEC Extended to 90 days

Mary Jane WilmothbyMary Jane Wilmoth
July 16, 2015
in Legislation, News, SEC
Reading Time: 2 mins read
Deadline for FOIA Appeals at SEC Extended to 90 days
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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.”

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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
Tags: David ColapintoFreedom of Information Act (FOIA)SECSecurities and Exchange Commission
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Mary Jane Wilmoth

Mary Jane Wilmoth

Mary Jane Wilmoth is the publisher of Whistleblower Network News, where she heads the editorial staff. She writes about breaking whistleblower news, and False Claims Act whistleblowers, SEC whistleblowers, IRS whistleblowers, FCPA whistleblowers, and CFTC whistleblowers. Mary Jane is the managing partner at the whistleblower law firm Kohn, Kohn & Colapinto, and a frequent contributor to The Whistleblower and Qui Tam Blog. She is a licensed attorney in the District of Columbia and a graduate of the University of New Hampshire School of Law (formerly Franklin Pierce Law Center).

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April 2015 SEC Whistleblower Awards List

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