[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1212.400]



[Page 81]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1212_PRIVACY ACT_NASA REGULATIONS--Table of Contents

 

               Subpart 1212.4_Appeals and Related Matters

 

Sec. 1212.400  Appeals.





    (a) Individuals may appeal to the Assistant Deputy Administrator 

when they:

    (1) Have requested amendment of a record and have received an 

adverse initial determination;

    (2) Have been denied access to a record; or,

    (3) Have not been granted access within 30 work days of their 

request.

    (b) An appeal shall:

    (1) Be in writing and addressed to the Assistant Deputy 

Administrator, NASA, Washington, DC 20546;

    (2) Be identified clearly on the envelope and in the letter as an 

``Appeal under the Privacy Act;''

    (3) Include a copy of any pertinent documents; and

    (4) State the reasons for the appeal.

    (c) Appeals from adverse initial determinations or denials of access 

must be submitted within 30 work days of the date of the requester's 

receipt of the initial determination. Appeals involving failure to grant 

access may be submitted any time after the 30 work day period has 

expired (See Sec. 1212.201(f)).

    (d) A final determination on an appeal shall be made within 30 work 

days after its receipt by the Assistant Deputy Administrator, unless, 

for good cause shown, the Assistant Deputy Administrator extends such 30 

work day period. Prior to the expiration of the 30 work day period, the 

requester shall be notified of any such extension.

    (e) If a denial of a request to amend a record is upheld, the final 

determination shall:

    (1) Explain the basis for the detail;

    (2) Include information as to how the requester goes about filing a 

statement of dispute under the procedures of Sec. 1212.401; and,

    (3) Include a statement that the final determination is subject to 

judicial review under 5 U.S.C. 552a(g).