[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR5b.8]



[Page 19]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.8  Appeals of refusals to correct or amend records.



    (a) Processing the appeal. (1) A subject individual who disagrees 

with a refusal to correct or amend his record may appeal the refusal in 

writing. All appeals shall be made to the Secretary.

    (2) An appeal will be completed within 30 working days from its 

receipt by the appeal authority; except that, the appeal authority may 

for good cause extend this period for an additional 30 days. Should the 

appeal period be extended, the subject individual appealing the refusal 

to correct or amend the record will be informed in writing of the 

extension and the circumstances of the delay. The subject individual's 

request to amend or correct the record, the responsible Department 

official's refusal to correct or amend, and any other pertinent material 

relating to the appeal will be reviewed. No hearing will be held.

    (3) If the appeal authority agrees that the record subject to the 

appeal should be corrected or amended, the record will be amended and 

the subject individual will be informed in writing of the correction or 

amendment. Where an accounting was made of prior disclosures of the 

record, all previous recipients of the record will be informed of the 

corrective action taken.

    (4) If the appeal is denied, the subject individual will be informed 

in writing:

    (i) Of the denial and the reasons for the denial;

    (ii) That he has a right to seek judicial review of the denial; and,

    (iii) That he may submit to the responsible Department official a 

concise statement of disagreement to be associated with the disputed 

record and disclosed whenever the record is disclosed.

    (b) Notation and disclosure of disputed records. Whenever a subject 

individual submits a statement of disagreement to the responsible 

Department official in accordance with paragraph (a)(4)(iii) of this 

section, the record will be noted to indicate that it is disputed. In 

any subsequent disclosure, a copy of the subject individual's statement 

of disagreement, will be disclosed with the record. If the responsible 

Department official deems it appropriate, a concise statement of the 

appeal authority's reasons for denying the subject individual's appeal 

may also be disclosed with the record. While the subject individual will 

have access to this statement of reasons, such statement will not be 

subject to correction or amendment. Where an accounting was made of 

prior disclosures of the record, all previous recipients of the record 

will be provided a copy of the subject individual's statement of 

disagreement, as well as the statement, if any, of the appeal 

authority's reasons for denying the subject individual's appeal.