Chapter 6
Appeal Procedures
Section 6.1 Right of Appeal: In all events where a request for information is denied and
or not responded to, or an action of a public body or private entity in respect of the
transfer or any handling of such request if is alleged not to be in keeping with this law,
the applicant shall have a right to appeal the decision or action of the public authority or
private entity concerned.
Section 6.2 Internal Review: An applicant who receives a negative decision or action
regarding a request for information or who believes that the transfer of his or her
request or the fees charged by the public body or private entity are inconsistent with this
law shall in all cases be entitled to an internal review of the action or decision. Such
internal review shall be conducted by a senior official or an internal information request
review body to be established by each authority or agency. An internal review shall be
concluded within thirty (30) working days as of its filing by the applicant. The outcome of
each internal review shall be in writing and copies shared with the applicant.
Section 6.3 Complaints to the Independent Information Commissioner: Where (i) an
applicant receives a negative decision or action and (ii) is not satisfied with the outcome
of an internal review conducted pursuant to Section 6.2, such applicant shall have a
right to appeal the decision of the authority or entity directly to the Independent
Information Commissioner. The Independent Information Commissioner shall be the
final administrative arbiter of all complaints concerning denial of information requests
and any other alleged infringement of the right of access established under this Act. A
final decision of the Independent information officer may include any of the civil
sanctions provided for in Chapter 7 of this Act.
Section 6.4 Burden of Proof: In both (i) an internal review conducted by an authority or
agency pursuant to Section 6.2 and (ii) a hearing conducted by the Independent
information Commissioner pursuant to Section 6.3 hereof, the burden of proof shall be
on the public authority or private entity to show that it acted consistent with its
obligations and in accordance with this Act.
Section 6.5 Right of Judicial Review: Any person who is not successful in an internal
review and in respect of a appeal taken from the internal review to the Independent
Information Commissioner shall have a right to a judicial review. An appeal from the
decision of the Information Commissioner shall lie before the Civil Law Court in
Montserrado County and in the Circuit Court of the county where the public body or
private entity is located.
Chapter 7.0 Offences, Sanctions, Protections
Section 7.1 Fines for violations: The person deemed responsible for a public authority or
private entity to violate this act will be subject to a fine not less than L$5,000 and not
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