[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR705.8]



[Page 294]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 705_MATERIALS AVAILABLE PURSUANT TO 5 U.S.C. 552a--Table of Contents

 

Sec. 705.8  Appeal of an initial adverse agency determination.



    (a) Any individual whose request for access or for a correction or 

amendment that has been denied, in whole or in part, by the General 

Counsel may appeal that decision to the Staff Director of the 

Commission, 624 9th Street, NW., Washington, DC 20425, or to a designee 

of the Staff Director.

    (b) The appeal shall be in writing and shall:

    (1) Name the individual making the appeal;

    (2) Identify the record sought to be amended or corrected;

    (3) Name the record system in which that record is contained;

    (4) Contain a short statement describing the amendment or correction 

sought; and

    (5) State the name of the person who initially denied the correction 

or amendment.

    (c) Not later than thirty (30) working days (excluding Saturdays, 

Sundays, and legal public holidays) after the date on which the agency 

received the appeal, the Staff Director shall complete his or her review 

of the appeal and make a final decision thereon, unless, for good cause 

shown, the Staff Director extends the appeal period beyond the initial 

thirty (30) day appeal period. In the event of such an extension, the 

Staff Director shall promptly notify the individual making the appeal 

that the period for a final decision has been extended.

    (d) After review of an appeal request, the Staff Director will send 

a written notice to the requester containing the following information:

    (1) The decision; and if the denial is upheld, the reasons for the 

decision;

    (2) The right of the requester to institute a civil action in a 

Federal District Court for judicial review of the decision if the appeal 

is denied; and

    (3) The right of the requester to file with the Commission a concise 

statement setting forth the reasons for his or her disagreement with the 

Commission's decision denying the request. The Commission shall make 

this statement available to any person to whom the record is later 

disclosed together with a brief statement, if the Commission considers 

it appropriate, of the agency's reasons for denying the requested 

correction or amendment. These statements shall also be provided to all 

prior recipients of the record to the extent that it is relevant to the 

information previously furnished to a recipient pursuant to the Privacy 

Act.