Decisions were issued on: - Freedom of Information Act Appeal
Office of Hearings and Appeals
March 15, 2013
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Freedom of Information Act Appeal
On March 13, 2013, OHA issued a decision denying a FOIA Appeal filed by Michael J. Kelly (Appellant) of a determination issued by the DOE Environmental Management Consolidated Business Center (EMCBC). The Appellant challenged the adequacy of EMCBC’s search for responsive documents. OHA found that the requested documents were employment records and, therefore, contractor records. Only agency records or information in the possession of the agency are subject to the FOIA. Therefore, OHA denied the Appeal. OHA Case No. FIA-13-0008