How to use the records appeal deadline calculator
When a records request comes back denied, redacted or simply unanswered, the next step is an administrative appeal, and it has its own clock. Enter the date on the determination letter, or the date you filed if nothing ever arrived, to see when the appeal window closes.
Legal basis — FOIA requires agencies to give requesters a period of at least 90 days after an adverse determination to file an administrative appeal (5 U.S.C. 552(a)(6)(A)(i)(III)(aa)), and the agency must decide that appeal within 20 business days (5 U.S.C. 552(a)(6)(A)(ii)). If the agency blows its initial 20-business-day response deadline, the requester is generally deemed to have exhausted administrative remedies and may sue under 5 U.S.C. 552(a)(6)(C). The Office of Government Information Services offers non-binding mediation as an alternative to litigation. State public records laws set their own appeal routes, often through a state attorney general or a records ombudsman, with windows from 15 to 90 days. Figures current as of September 2026.
Because agency regulations vary, both period fields are editable so you can enter exactly what your determination letter states.
This calculator is for reference only and is not legal advice. Consult a licensed attorney about your specific request.
Frequently Asked Questions
Generally yes for an actual denial: courts require exhaustion of the administrative appeal. The exception is constructive exhaustion, which arises when the agency misses its statutory response deadline, and in that situation you may go straight to district court under 5 U.S.C. 552(a)(6)(C).
It is a floor rather than a ceiling. The statute requires agencies to allow at least 90 days, and some regulations grant longer. Read the appeal rights paragraph in your determination letter and enter that period in the field above.