Tag Archives: appeal

SEC Classifies Us as a “Commercial” Requester; We have to Mail in an Appeal

On 10/11/2012 the SEC emailed us a PDF of a letter. The letter said that we they had categorized us as a “commercial” requester with regards to our fee status and letting us know of our right to appeal the determination. Commercial requesters are charged more fees than any of the other categories of requesters. As a non-profit 501(c)3 organization, we would not be using any responsive records for our commercial benefit, and should be categorized as an “other” requester. After emailing the FOIA processor to ask where we should send our appeal (the letter only indicated that appeals could be made to the General Counsel), we were told that the appeal must be sent in using the mail.

See the SEC’s fee letter here: (No. 13-00420-FOIA) Presidential Memorandum on Managing Government Records