What is the relationship between discovery processes at the DAB and requests under the Freedom of Information Act (FOIA)?
An appellant has a right to seek information from the Department under FOIA which is unaffected by the existence or use of DAB processes. FOIA and DAB processes sometimes intersect, as when an appellant has a pending FOIA request which the appellant anticipates will produce information to be used in DAB proceedings. To avoid delay and misunderstanding about the rights and obligations of the parties under the two separate processes, appellants are urged to ask the DAB to convene a telephone conference when a FOIA request related to the case is involved. If you wish to examine specific DAB case files in pending or closed cases, contact the Appellate Division at 202-565-0200 to arrange it.
