[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR16.7]



[Page 195-196]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 16_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

Sec.  16.7  Administrative review of initial denial of access.



    (a) Review shall be available only from a written denial of a 

request for access issued under Sec.  16.6(a) (2) or (3) and only if a 

written request for review is filed within thirty calendar days after 

the issuance of the written denial.

    (b) A request for review shall be addressed to the Privacy Appeals 

Officer identified in the initial denial, which official is authorized 

to make final determinations. The envelope containing the request for 

review and the letter



[[Page 196]]



itself should both clearly indicate that the subject is a PRIVACY ACT 

REQUEST FOR REVIEW.

    (c) When a request for review is misdirected by the requester, or 

not addressed as specified in paragraph (b) of this section, the 

Department official receiving same shall promptly refer it to the 

Privacy Appeals Officer and the time of receipt for processing purposes 

will be the time when it is received by the appropriate official.

    (d) When a request for review fails to provide necessary information 

as set forth in paragraph (e) of this section, the requester shall be 

given reasonable opportunity to amend the request and shall be advised 

that the time of receipt for processing purposes will be the time when 

the additional necessary information is received by the appropriate 

official.

    (e) The filing of a request for review may be accomplished by 

mailing to the Privacy Appeals Officer a copy of the request for access, 

if in writing; a copy of the written denial issued under Sec.  16.6; and 

a statement of the reasons why the initial denial is believed to be in 

error. The appeal shall be signed by the individual.

    (f) No hearing will be allowed in connection with administrative 

review of an initial denial of access.

    (g) The Privacy Appeals Officer shall act upon the appeal and issue 

a final determination in writing not later than thirty days (excluding 

Saturdays, Sundays and holidays) from the date on which the appeal is 

received; provided, that the Privacy Appeals officer may extend the 

thirty days upon deciding that a fair and equitable review cannot be 

made within that period, but only if the individual is advised in 

writing of the reason for the extension and the estimated date by which 

a final determination will issue, which estimated date should not be 

later than the sixtieth day (excluding Saturdays, Sundays and holidays) 

after receipt of the appeal unless there exist unusual circumstances, as 

described in Sec.  16.5(a).

    (h) The decision after review will be in writing, will constitute 

final action of the Department on a request for access, and, if the 

denial of the request is in whole or part upheld, the Department shall 

notify the person making the request of his right to judicial review 

under 5 U.S.C. 552a(g)(1), as amended by 5 U.S.C. 552a(g)(5).