[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR903.9]

[Page 163-164]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
         CHAPTER IX--PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
 
PART 903--PRIVACY ACT--Table of Contents
 
Sec. 903.9  Appeal of initial adverse determination of request for amendment of record.

    (a) After receipt by an individual of notice of an adverse 
determination by

[[Page 164]]

the Privacy Protection Officer concerning a request to amend a record, 
the individual may, within 60 working days after the date of receipt of 
the notice, appeal the determination by seeking a review by the 
Executive Director of the Corporation, or by an officer of the 
Corporation designated by him. The appeal shall be in writing, mailed or 
delivered to the Executive Director, Pennsylvania Avenue Development 
Corporation, 1331 Pennsylvania Avenue, NW, Suite 1220 North, Washington, 
DC 20004. The appeal shall identify the record in the same manner as it 
was identified in the original request, shall indicate the dates of the 
original request and of the adverse determination and shall indicate the 
expressed basis for that determination. In addition, the appeal shall 
state briefly the reasons why the adverse determination should be 
reversed.
    (b) Not later than 30 days after receipt of an appeal, the Executive 
Director, or an officer of the Corporation designated by him, will 
complete a review of the appeal and the initial determination, and 
either: (1) Determine that the appeal should be granted, take the 
appropriate action with respect to the record in question, and notify 
the individual accordingly; or, (2) determine that the appeal should be 
denied.
    (c) The reviewing official may, at his or her option, request from 
the individual such additional information as is deemed necessary to 
properly conduct the review. If additional time is required, the 
Executive Director may, for good cause shown, extend the period for 
action beyond the 30 days specified above. The individual will then be 
informed in writing of the delay and the reasons therefor, and of the 
approximate date on which action is expected to be completed.
    (d) If the reviewing official denies the appeal, he or she shall 
advise the individual in writing:
    (1) Of the decision and the reasons for reaching it;
    (2) That the denial of the appeal is a final agency action entitling 
the individual to seek judicial review in the appropriate district court 
of the United States, as provided in 5 U.S.C. 552a(g); and,
    (3) That the individual may file with the Corporation a concise 
statement setting forth the reasons for his or her disagreement with the 
refusal of the Corporation to amend the record in question.
    (e) Any individual having received notices of a denial of an appeal 
to amend a record may file a statement of disagreement with the 
Executive Director not later than 60 working days from the date of 
receipt of the notice. Such statements shall ordinarily not exceed one 
page in length, and the Corporation reserves the right to reject 
statements of excessive length. Upon receipt of a proper and timely 
statement of disagrement, the Corporation will clearly annotate the 
record in question to indicate the portion of the record which is in 
dispute. In any subsequent disclosure containing information about which 
the individual has filed a statement of disagreement, the Corporation 
will provide a copy of the statement together with the record to which 
it pertains. In addition, prior recipients of the disputed record will 
be provided with a copy of statements of disagreement to the extent that 
an accounting of disclosures was maintained. If the Corporation deems it 
apropriate, it may also include in any disclosure its own concise 
statement of the reasons for not making the amendments requested.

[42 FR 5973, Feb. 1, 1977, as amended at 50 FR 45824, Nov. 4, 1985]