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We regularly receive help requests from users that read something like this:

I don’t understand why the agency rejected my request. I know they have these records because … and I believe my request was well defined because … what do I do?

They are trying to tell me that judicial records are exempt in Oregon, but I know that its completely bogus! The law definitely says “every agency” What do I do?

The answer is clear: Appeal. The purpose of this guide is to illuminate how.

Appeal Fundamentals

There are a few principles that apply generally to every appeal:

Be professional: Every appeal functionally revolves around, at most, a handful of human beings. These human beings drive the process, and most agencies only maintain one or a few Subject Matter Experts (SMEs) with appellate authority. These people will only ever know you through your writing. The person reviewing your submission will only ever know you in the context of your appeal. They will only ever know you by how you ask for help. Do not compose your writing polemically. Compose your writing while bearing in mind how you would expect a stranger to ask you for help.
Summarize the situation with fidelity to the record: Restate your request, provide a good faith or verbatim articulation of the agency’s denial justification, and explain - briefly - why those reasons don’t apply. Appellate authorities are often scrupulous, but they don’t posses an infinite amount of time. Do not presume an appellate authority will be familiar with your correspondence history, past grievances, or request volume. Their role is to review the only issue topical in the appellate process: your rejection.
Show you know the records exist: If you have evidence that the agency possesses the records you are seeking, say so plainly and provide that evidence. The classic form evidence takes is, say: a newspaper article documenting government activity relevant to the records you are seeking. Prose owes a debt to truth that evidence will never know. Attach the evidence to your appeal. Let the thing speak for itself.
Don’t lodge accusations: Your goal isn’t to convince anyone that the agency or its agents are villains. Your goal is compelling the lawful release of government records. Stay focused. Grandstanding and polemicism will only harm you.

Appeal Framework

A good appeal is a clear summary of your request, why it was denied, and why that denial was inappropriate pursuant to the open records laws in the jurisdiction you filed in. Here’s a rough outline of what that can look like:

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On [date] I requested [description] from [agency]. On [date] the agency rejected my request pursuant to [reasons]. That rejection was improper because [reasons]. I am formally appealing the denial of my request.

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That structure - what you requested, the agency’s response, and why that response was wrong - is the spine of almost any successful appeal. Articulating how a rejection was applied improperly is the most difficult part, but mastering this part is one of the most effective strategies for compelling an agency to release your records.

Appeal Fundamentals

Appeal Framework

Appeal Mechanics