[Federal Register: February 23, 2010 (Volume 75, Number 35)]
[Notices]
[Page 8171-8176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe10-147]
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SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974, as Amended; Proposed System of Records and
Routine Use Disclosures
AGENCY: Social Security Administration (SSA).
ACTION: Proposed System of Records and Routine Uses.
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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and
(e)(11)), we are issuing public notice of our intent to establish a new
system of records and routine uses applicable to this system of records
entitled, the Administrative Law Judge/Public Alleged Misconduct
Complaints System, 60-0356 (the ALJ/PAMC system of records). We will
use the information covered by the system of records to manage and
monitor complaints filed against Administrative Law Judges (ALJ). We
discuss the system of records and routine use disclosures in the
Supplementary Information section below. We invite public comments on
this proposal.
DATES: We filed a report of the ALJ/PAMC system of records and routine
use disclosures with the Chairman of the Senate Committee on Homeland
Security and Governmental Affairs, the Chairman of the House Committee
on Oversight and Government Reform, and the Administrator, Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB) on February 12, 2010. The ALJ/PAMC system of records and routine
uses will become effective on March 14, 2010, unless we receive
comments before that date that would result in a contrary
determination.
ADDRESSES: Interested persons may comment on this publication by
writing to the Executive Director, Office of Privacy and Disclosure,
Office of the General Counsel, Social Security Administration, Room 3-
A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland
21235-6401. All comments we receive will be available for public
inspection at the above address.
FOR FURTHER INFORMATION CONTACT: Earlene Whitworth Hill, Social
Insurance Specialist, Disclosure Policy Development and Services
Division I, Office of Privacy and Disclosure, Office of the General
Counsel, Social Security Administration, Room 3-A-6 Operations
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,
telephone: (410) 965-1817, e-mail: earlene.whitworth.hill@ssa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the ALJ/PAMC System of Records
A. General Background
Our Office of Disability Adjudication and Review (ODAR) includes a
nationwide field organization staffed with ALJs who conduct impartial
hearings and make decisions on appeals filed by claimants and their
advocates or representatives on their behalf. Claimants and their
advocates or representatives may file a complaint against an ALJ if
they believe the ALJ was biased or engaged in improper conduct. Persons
may make complaints in writing to our Office of the Chief
Administrative Law Judge and to our regional and hearing offices. We
also receive complaints through our Appeals Council, agents at our
National 800 Telephone Number Network, our Office of the Inspector
General Hotline, and congressional offices on behalf of their
constituents. We review, investigate, and respond to such complaints.
At present, we do not have a good mechanism to track complaints
about ALJs from initiation to resolution. This weakness makes it
difficult for us to identify and resolve service delivery issues, and
also impairs customer service. This system of records will help us
improve service to the public by creating a centrally managed,
electronic method to collect, monitor, and retrieve information
concerning complaints about ALJs.
The ALJ/PAMC system of records will:
Provide us with information to manage and respond to
complaints, which in turn will help us monitor and improve customer
service and reduce manual work;
Provide us with information to process, review, or
investigate complaints filed;
Provide us with information related to the complaint,
including the name of the claimant and other identifying information,
the name of the claimant's advocate or representative, if any, and
information about the ALJ who allegedly committed misconduct; and
Provide us with management information to document,
monitor, and track complaints about ALJs, to identify patterns of
improper ALJ behavior that may require further review and action, and
to assist us in deterring recurring incidences of ALJ bias or
misconduct.
B. Collection and Maintenance of the Data for the ALJ/PAMC System of
Records
We will collect and maintain information from complaints filed
against ALJs in an electronic system covered by the ALJ/PAMC system of
records. We will collect information relating to the complaint, case
analyses, results of the review or investigation, location of the
hearing or regional office, ALJ duty station, Federal court if the
complaint is raised at the Federal court level, and copies of relevant
correspondence.
We will collect information about the claimant (or claimant's
advocate or representative) filing the complaint such as name, Social
Security number (SSN), date of birth, address, gender, race or ethnic
background (if readily available), and relevant claims-related
information. We will also collect information about the ALJ named in
the complaint, such as name, ALJ assigned number, and tracking and
control log numbers.
Since we will retrieve information from this system using names and
other personal identifiers, the ALJ/PAMC information collection is a
system of records, as defined by the Privacy Act.
II. Routine Use Disclosures of Data Covered by the ALJ/PAMC System of
Records
A. Routine Use Disclosures
We propose to establish the following routine uses of information
that will be covered by the ALJ/PAMC system of records.
1. To the Office of the President in response to an inquiry from
that office made at the request of the subject of the record or a third
party on that person's behalf.
We will disclose information under this routine use only when the
Office of the President makes an inquiry relating to information
contained in this system of records and indicates that it is acting on
behalf of the person whose record is requested (e.g., ALJ, claimant,
claimant's advocate or representative, if any).
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a
[[Page 8172]]
record or a third party on that person's behalf.
We will disclose information under this routine use only when a
member of Congress, or member of his or her staff, makes an inquiry
relating to information contained in this system of records and
indicates that he or she is acting on behalf of the person whose record
is requested.
3. To the Department of Justice (DOJ), a court, other tribunal, or
another party before such court or tribunal when:
(a) The agency or any of our components; or
(b) Any agency employee in his or her official capacity; or
(c) Any agency employee in his or her individual capacity when DOJ
(or the agency when we are authorized to do so) has agreed to represent
the employee; or
(d) The United States or any agency thereof when we determine that
the litigation is likely to affect our operations or any of our
components, is party to litigation or has an interest in such
litigation, and we determine that the use of such records by DOJ, a
court, other tribunal, or another party before such court or tribunal
is relevant and necessary to the litigation. In each case, however, we
must determine that such disclosure is compatible with the purpose for
which we collected the records.
We will disclose information under this routine use as necessary to
enable DOJ to effectively defend us, our components, or our employees
in litigation, when the use of information covered by this system of
records is relevant and necessary to the litigation and compatible with
the purpose of the information collection. We will also disclose
information to ensure that courts, other tribunals, and parties before
such courts or tribunals, have appropriate information when relevant
and necessary.
4. To student volunteers, persons working under a personal services
contract, and others who are not technically Federal employees, when
they are performing work for us as authorized by law, and they need
access to information in our records in order to perform their assigned
agency duties.
We will disclose information under this routine use only when we
use the services of student volunteers and participants in certain
educational, training, employment, and community service programs when
they need access to information covered by this system of records to
perform their assigned agency duties.
5. To the Equal Employment Opportunity Commission (EEOC) when they
request information in connection with an investigation into alleged or
possible discriminatory practices in the Federal sector, examination of
Federal affirmative employment programs, compliance by Federal agencies
with the Uniform Guidelines on Employee Selection Procedures, or other
functions vested in the Commission.
We will disclose information about our employees under this routine
use to the EEOC, as necessary, to assist in reassessing requests for
reasonable accommodations; to assist in investigations into alleged or
possible discriminatory practices in the Federal sector; to combat and
prevent fraud, waste, and abuse under the Rehabilitation Act of 1973;
and to assist the Commission in carrying out its other functions.
6. To the Federal Labor Relations Authority, the General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when they request information in
connection with investigations of allegations of unfair practices or of
other matters before an arbitrator or the Federal Service Impasses
Panel.
We will disclose information about our employees under this routine
use, as necessary, to the Federal Labor Relations Authority, the
General Counsel, the Federal Mediation and Conciliation Service, the
Federal Service Impasses Panel, or an arbitrator, when all or part of
the allegations involve the information covered by the ALJ/PAMC system
of records.
7. To the Office of Personnel Management, the Merit Systems
Protection Board, or the Office of Special Counsel when they request
information in connection with appeals, special studies of the civil
service and other merit systems, review of those agencies' rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and for other such functions of these agencies as may be
authorized by law.
We will disclose information about our employees under this routine
use, as necessary, to the Office of Personnel Management, the Merit
Systems Protection Board, or to the Office of Special Counsel, when all
or part of the allegations in the appeal or action involve the
information covered by the ALJ/PAMC system of records.
8. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
a. To enable them to ensure the safety of our employees and
customers, the security of our workplace, and the operation of our
facilities; or
b. To assist investigations or prosecutions with respect to
activities that affect such safety, security, or activities that
disrupt the operation of our facilities.
We will disclose information under this routine use to law
enforcement agencies and private security contractors when they need
information to respond to, investigate, or prevent activities that
jeopardize the security and safety of the public, employees, or our
workplaces, or that otherwise disrupt the operation of our facilities.
We will disclose information to assist in prosecuting persons charged
with violating a Federal, State, or local law in connection with such
activities.
9. To contractors and other Federal agencies, as necessary, to
assist us in efficiently administering our programs.
We will disclose information under this routine use only in
situations where we enter into a contractual agreement or similar
agreement with a third party to assist in accomplishing an agency
function relating to information covered by the ALJ/PAMC system of
records.
10. To the appropriate Federal, State, and local agencies,
entities, and persons when: (1) We suspect or confirm that the security
or confidentiality of information in this system of records has been
compromised; (2) we determine that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, risk of identity theft or fraud, or harm to the security or
integrity of this system or our other systems or programs that rely
upon the compromised information; and (3) we determine that disclosing
the information to such agencies, entities, and persons is necessary to
assist in our efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. We will use this
routine use to respond only to those incidents involving an
unintentional release of our records.
We will disclose information under this routine use specifically in
connection with response and remediation efforts in the event of an
unintentional release of agency information, otherwise known as a
``data security breach.'' This routine use will protect the interests
of the people whose information is at risk by allowing us to take
appropriate steps to facilitate a timely and effective response to a
data breach. The routine use will also help us improve our ability to
prevent, minimize, or remedy any harm that may result from a compromise
of data covered by this system of records.
[[Page 8173]]
11. To a Federal, State, and local professional licensing board, at
our initiative or at the request of the licensing board, when such
records indicate a violation of ethical conduct by a current or former
employee who is seeking to be licensed or is licensed before the
professional board.
We will disclose information under this routine use to a Federal,
State, or local licensing board, at our initiative, or at the request
of the licensing board, regarding the facts surrounding a potential
ethical violation by a current or former employee who is licensed or
seeking to be licensed before a professional board.
12. To a Federal or State agency in response to its request, or at
our initiative, in connection with decisions to hire an employee, issue
a security clearance, conduct a security or suitability investigation
of a person, classify a job, award a contract, or regarding the
requesting agency's decision to issue a license, grant, or other
benefit. We may disclose for lawful statutory administrative or
investigative purposes to the extent that the information is relevant
and necessary to the requesting agency's decision.
We will disclose information in response to a request, or at our
initiative, in connection with any of the circumstances specified in
the routine use above. The request pertaining to such circumstances
must meet lawful statutory administrative or investigative purposes and
be consistent with our authority for maintaining the record.
13. To officials of labor organizations recognized under 5 U.S.C.
chapter 71, when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting conditions of employment.
We will disclose information about our employees under this routine
use, to the officials above as necessary, when all or part of the
information requested involves information covered by the ALJ/PAMC
system of records.
14. To the General Services Administration (GSA) and the National
Archives and Records Administration (NARA) under 44 U.S.C. 2904 and
2906, as amended by the NARA Act, information that is not restricted
from disclosure by Federal law, for their use in conducting records
management studies.
We will disclose information under this routine use only when it is
necessary for GSA and NARA to have access to the information covered by
this system of records. The Administrator of GSA and the Archivist of
NARA are authorized by Title 44 U.S.C. 2904, as amended, to promulgate
standards, procedures, and guidelines regarding records management and
to conduct records management studies. Title 44 U.S.C. 2906, as
amended, provides that GSA and NARA are authorized to inspect Federal
agencies' records for records management purposes and that agencies are
to cooperate with GSA and NARA.
B. Compatibility of Routine Uses
We can disclose information when the disclosure is required by law
(20 CFR 401.120). We can also disclose information when the purpose is
compatible with the purpose for which we collect the information and
the disclosure is supported by a published routine use (20 CFR
401.150). The disclosures under routine uses numbers 1 through 13 will
ensure that we efficiently perform our functions relating to the
purpose and administration of the ALJ/PAMC system of records. Federal
law requires the disclosures that we make under routine use number 14.
We will disclose information under routine use number 14 to the extent
another Federal law does not prohibit the disclosure. For example, the
Internal Revenue Code generally prohibits us from disclosing tax return
information which we receive to maintain individual earnings records.
Therefore, all routine uses are appropriate and meet the relevant
statutory and regulatory criteria.
III. Records Storage Medium and Safeguards for the Information Covered
by the ALJ/PAMC System of Records
We will maintain information covered by the ALJ/PAMC system of
records in electronic and paper form. We will keep paper records in
locked cabinets or in other secure areas. We will safeguard the
security of the electronic information covered by the ALJ/PAMC system
of records by requiring the use of access codes to enter the computer
system that will house the data. We will permit only our authorized
employees and contractors, who require the information to perform their
official duties to access the information covered by the ALJ/PAMC
system of records.
We annually provide all our employees and contractors with
appropriate security awareness and training that includes reminders
about the need to protect personally identifiable information and the
criminal penalties that apply to unauthorized access to, or disclosure
of, personally identifiable information. See 5 U.S.C. 552a(i)(1).
Furthermore, employees and contractors with access to databases
maintaining personally identifiable information must annually sign a
sanction document acknowledging their accountability for
inappropriately accessing or disclosing such information.
IV. Effects of the ALJ/PAMC System of Records on the Rights of
Individuals
We will maintain only information that is necessary to carry out
our official functions under the Social Security Act and other
applicable Federal statutes in the electronic system covered by the
ALJ/PAMC system of records. We will employ safeguards to protect the
confidentiality of all personally identifiable information in our
possession. We will adhere to the provisions of the Privacy Act and
other applicable Federal statutes that govern our use and disclosure of
information that is covered by the ALJ/PAMC system of records. We will
disclose information under the routine uses discussed in this
publication only as necessary to accomplish the stated purposes.
Therefore, we do not anticipate that the ALJ/PAMC system of records or
routine use disclosures will have any unwarranted adverse effect on the
privacy or other rights of persons.
Dated: February 12, 2010.
Michael J. Astrue,
Commissioner.
SYSTEM NUMBER:
60-0356.
System name:
Administrative Law Judge/Public Alleged Misconduct Complaints (ALJ/
PAMC) System.
Security classification:
None.
System location:
All SSA Office of Disability Adjudication and Review (ODAR)
regional offices and the Office of the Chief Administrative Law Judge
in Falls Church, Virginia.
Categories of individuals covered by the system:
Administrative Law Judges (ALJ) accused of misconduct or bias in
connection with processing a claimant's case and the claimant who was
the subject of the alleged misconduct or bias. If the claimant's
advocate or representative files a complaint that an ALJ is biased
against him or her, it may also cover a claimant's advocate or
representative.
Categories of records in the system:
Information derived from complaints filed against ALJs; the
information we
[[Page 8174]]
gather in processing, reviewing, or investigating such complaints; the
results of the review or investigation; case analyses; the information
related to the hearing office, the regional office, and the ALJ's duty
station; information related to the alleged complaint; the Federal
court, if a complaint is raised at the Federal court level; and copies
of relevant correspondence. The ALJ/PAMC system may contain the
following information about the claimant who filed the complaint: name,
Social Security number (SSN), date of birth, address, and relevant
claims-related information. In addition, the ALJ/PAMC system may
contain information regarding the claimant's gender and race or ethnic
background, if that information is provided and is a basis for the
complaint. The ALJ/PAMC system may contain information related to the
claimant's advocate or representative that is derived from the
complaint (e.g., name, gender, race and/or ethnic background, if
provided and it is a basis for the complaint). The ALJ/PAMC system may
also contain the following information about the ALJ associated with
the complaint: name, ALJ assigned number, and our assigned tracking and
control log numbers.
Authority for maintenance of the system:
Sections 205 and 1631(d)(1) of the Social Security Act, as amended.
Purpose(s):
We will use the information covered by the system of records to
manage and monitor complaints filed against ALJs. The information will:
Provide us with information to manage and respond to
complaints, which in turn will help us monitor and improve customer
service and reduce manual work;
Provide us with information to process, review, or
investigate complaints filed;
Provide us with information related to the complaint,
including the name of the claimant and other identifying information,
the name of the claimant's advocate or representative, if any, and
information about the ALJ who allegedly committed misconduct; and
Provide us with management information to document,
monitor, and track ALJ complaints, to identify patterns of improper ALJ
behavior that may require further review and action, and to assist us
in deterring recurring incidences of ALJ bias or misconduct.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Routine use disclosures are as indicated below.
1. To the Office of the President in response to an inquiry from
that office made at the request of the subject of the record or a third
party on that person's behalf.
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record or a third party
on that person's behalf.
3. To the Department of Justice (DOJ), a court, other tribunal, or
another party before such court or tribunal when:
(a) The agency or any of our components;
(b) Any agency employee in his or her official capacity;
(c) Any agency employee in his or her individual capacity when DOJ
(or the agency when we are authorized to do so) has agreed to represent
the employee; or
(d) The United States or any agency thereof when we determine that
the litigation is likely to affect our operations or any of our
components, is party to litigation or has an interest in such
litigation, and we determine that the use of such records by DOJ, a
court, other tribunal, or another party before such court or tribunal
is relevant and necessary to the litigation. In each case, however, we
must determine that such disclosure is compatible with the purpose for
which we collected the records.
4. To student volunteers, persons working under a personal services
contract, and others who are not technically Federal employees, when
they need access to information in our records in order to perform
their assigned agency duties.
5. To the Equal Employment Opportunity Commission (EEOC) when they
request information in connection with an investigation into alleged or
possible discriminatory practices in the Federal sector, examination of
Federal affirmative employment programs, compliance by Federal agencies
with the Uniform Guidelines on Employee Selection Procedures, or other
functions vested in the Commission.
6. To the Federal Labor Relations Authority, the General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when information is requested in
connection with investigations of allegations of unfair practices or of
other matters before an arbitrator or the Federal Service Impasses
Panel.
7. To the Office of Personnel Management, the Merit Systems
Protection Board, or the Office of Special Counsel when they request
information in connection with appeals, special studies of the civil
service and other merit systems, review of those agencies' rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and for other such functions of these agencies as may be
authorized by law.
8. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
a. To enable them to ensure the safety of our employees and
customers, the security of our workplace, and the operation of our
facilities; or
b. To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of our facilities.
9. To contractors and other Federal agencies, as necessary, to
assist us in efficiently administering our programs.
10. To the appropriate Federal, State, and local agencies,
entities, and persons when: (1) We suspect or confirm that the security
or confidentiality of information in this system of records has been
compromised; (2) we determine that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, risk of identity theft or fraud, or harm to the security or
integrity of this system or our other systems or programs that rely
upon the compromised information; and (3) we determine that disclosing
the information to such agencies, entities, and persons is necessary to
assist in our efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. We will use this
routine use to respond only to those incidents involving an
unintentional release of our records.
11. To Federal, State, and local professional licensing boards, at
our initiative or at the request of the licensing board, when such
records indicate a violation of ethical conduct by a current or former
employee who is seeking to be licensed or is licensed before the
professional board.
12. To a Federal or State agency in response to its request, or at
our initiation, in connection with decisions to hire an employee, issue
a security clearance, conduct a security or suitability investigation
of a person, classify a job, award a contract, or regarding the
requesting agency's decision to issue a license, grant, or other
benefit. We may disclose for lawful statutory administrative or
investigative purpose to the extent that the information is relevant
and necessary to the requesting agency's decision.
[[Page 8175]]
13. To officials of labor organizations recognized under 5 U.S.C.
chapter 71 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting conditions of employment.
14. To the General Services Administration and the National
Archives Records Administration (NARA) under 44 U.S.C. 2904 and 2906,
as amended by the NARA Act, information that is not restricted from
disclosure by Federal law for their use in conducting records
management studies.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
We will store records covered by the ALJ/PAMC system of records in
electronic and paper form.
Retrievability:
We will retrieve information covered by the ALJ/PAMC system of
records by:
The name of the ALJ who is the subject of the complaint,
the ALJ's assigned numerical identifier, and the hearing or regional
office where the ALJ is stationed;
The claimant's name, SSN, date of birth, address, gender,
and race or ethnic background, if the information is available;
The advocate's or representative's name, if any, and any
other identifiable information pertaining to the complaint filed;
Our assigned tracking numbers, and other complaint and
claims-related information;
The congressional office associated with the complaint, if
any; and
The Appeals Council's code.
Safeguards:
We will keep paper records in locked cabinets or in other secure
areas. We will safeguard the security of the information by requiring
the use of access codes to enter the computer system that will maintain
the data, and will store computerized records in secure storage areas
accessible only to our authorized employees and contractors who require
the information to perform their official duties.
We annually provide all our employees and contractors with
appropriate security awareness and training that includes reminders
about the need to protect personally identifiable information and the
criminal penalties that apply to unauthorized access to, or disclosure
of, personally identifiable information. See 5 U.S.C. 552a(i)(1).
Furthermore, employees and contractors with access to databases
maintaining personally identifiable information must annually sign a
sanction document, acknowledging their accountability for
inappropriately accessing or disclosing such information.
Retention and disposal:
We will maintain records at all agency ODAR regional offices and
the Office of the Chief Administrative Law Judge in Falls Church,
Virginia. We will delete or destroy records seven years after the date
of the Office of the Chief Administrative Law Judge's finding regarding
the complaint, unless a special situation occurs. This seven-year
requirement, which can be found in schedule N1-47-01, is consistent
with the amount of time that we maintain most disability claim files.
Special Situation--The following examples are situations in which
we will maintain information beyond the scheduled period for
destruction:
Fraud, waste, abuse, or misuse--We will not destroy
information where we identify possible fraud, waste, abuse, or misuse
or information involving investigations of fraud, waste, abuse, or
misuse, until the Office of the Inspector General provides approval to
dispose of such information.
Disciplinary action--We will not destroy information
related to ALJ disciplinary action until the Office of the Chief
Administrative Law Judge provides approval to dispose of such
information.
System manager(s) and address:
Director, Division of Quality Services, Office of the Chief
Administrative Law Judge, Office of Disability Adjudication and Review,
Social Security Administration, 5107 Leesburg Pike, Suite 1608, Falls
Church, Virginia 22041.
Notification procedures:
Persons can determine if this system contains a record about them
by writing to the system manager at the above address and providing
their name, SSN, or other information in this system of records that
will identify them. Persons requesting notification by mail must
include a notarized statement to us to verify their identity or must
certify in the request that they are the person they claim to be and
that they understand that the knowing and willful request for, or
acquisition of, a record pertaining to another person under false
pretenses is a criminal offense.
Persons requesting notification of records in person must provide
the same information, as well as provide an identity document,
preferably with a photograph, such as a driver's license. Persons
lacking identification documents sufficient to establish their identity
must certify in writing that they are the person they claim to be and
that they understand that the knowing and willful request for, or
acquisition of, a record pertaining to another person under false
pretenses is a criminal offense.
Persons requesting notification by telephone must verify their
identity by providing identifying information that parallels the
information in the record about which they are requesting notification.
If we determine that the identifying information the person provides by
telephone is insufficient, we will require the person to submit a
request in writing or in person. If a person requests information by
telephone on behalf of another person, the subject person must be on
the telephone with the requesting person and us in the same phone call.
We will establish the subject person's identity (his or her name, SSN,
address, date of birth, and place of birth, along with one other piece
of information such as mother's maiden name) and ask for his or her
consent to provide information to the requesting person. These
procedures are in accordance with our regulations at 20 CFR 401.40 and
401.45.
Record access procedures:
Same as notification procedures. Persons should also reasonably
specify the record contents they are seeking. These procedures are in
accordance with our regulations at 20 CFR 401.40(c).
Contesting record procedures:
Same as notification procedures. Persons should also reasonably
identify the record, specify the information they are contesting, and
state the corrective action sought and the reasons for the correction
with supporting justification showing how the record is incomplete,
untimely, inaccurate, or irrelevant. These procedures are in accordance
with our regulations (20 CFR 401.65(a)).
Record source categories:
We obtain records covered by the ALJ/PAMC system from the:
Complaint filed by the claimant or his or her advocate or
representative, if any;
Information we receive from a congressional office
regarding a claimant and a particular ALJ;
Documentation that we develop during our review or
investigation of a complaint; and
[[Page 8176]]
Appeals Council.
Exemptions claimed for the system:
None.
[FR Doc. 2010-3495 Filed 2-22-10; 8:45 am]
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