Decisions were issued on: - Freedom of Information Act Appeal
Office of Hearings and Appeals
September 23, 2016
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Freedom of Information Act (FOIA) Appeal
On September 20, 2016, OHA denied a Freedom of Information Act Appeal filed by Phillip Isaacs from a determination issued by the DOE Richland Operations Office (DOE-RL). In the Appeal, the Appellant challenged DOE-RL’s finding that the requested documents were not agency records. After determining that the requested records were obtained by the agency, but not under the agency’s control at the time of the FOIA request, OHA found that the requested records were not agency records. Because the requested documents are not agency records, the FOIA does not apply to them and does not require their disclosure. Accordingly, OHA denied the Appeal. OHA Case No. FIA-16-0048