[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR6.55]



[Page 53-54]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 6_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

                   Subpart D_Requests To Amend Records

 

Sec.  6.55  Appeal of denial of request to amend a record.



    (a) A requestor who disagrees with a denial of a request to amend a 

record may file an administrative appeal of that denial. The requestor 

should address the appeal to the FEMA Privacy Appeals Officer, 

Washington, DC 20472. If the requestor is an employee of FEMA and the 

denial to amend involves a record maintained in the employee's Official 

Personnel Folder covered by an Office of Personnel Management 

Government-wide system notice, the appeal should be addressed to the 

Assistant Director, Information Systems, Agency Compliance and 

Evaluation Group, Office of Personnel Management, Washington, DC 20415.

    (b) Each appeal to the Privacy Act Appeals Officer shall be in 

writing and must be received by FEMA no later than 30 calendar days from 

the requestor's receipt of a denial of a request to amend a record. The 

appeal should bear the legend ``Privacy Act--Appeal,'' both on the face 

of the letter and the envelope.

    (c) Upon receipt of an appeal, the Privacy Act Appeals Officer shall 

consult with the system manager, the official who made the denial, the 

General Counsel or a member of that office, and such other officials as 

may be appropriate. If the Privacy Act Appeals Officer in consultation 

with these officials, determines that the record should be amended, as 

requested, the system manager shall be instructed immediately to amend 

the record in accordance with Sec.  6.52 and shall notify the requestor 

of that action.



[[Page 54]]



    (d) If the Privacy Act Appeals Officer, in consultation with the 

officials specified in paragraph (c) of this section, determines that 

the appeal should be rejected, the Privacy Act Appeals Officer shall 

submit the file on the request and appeal, including findings and 

recommendations, to the Deputy Director for a final administrative 

determination.

    (e) If the Deputy Director determines that the record should be 

amended as requested, he or she immediately shall instruct the system 

manager in writing to amend the record in accordance with Sec.  6.52. 

The Deputy Director shall send a copy of those instructions to the 

Privacy Act Appeals Officer, who shall notify the requester of that 

action.

    (f) If the Deputy Director determines to reject the appeal, the 

requestor shall immediately be notified in writing of that 

determination. This action shall constitute the final administrative 

determination on the request to amend the record and shall include:

    (1) The reasons for the rejection of the appeal.

    (2) Proposed alternative amendments, if appropriate, which the 

requestor subsequently may accept in accordance with Sec.  6.54.

    (3) Notice of the requestor's right to file a Statement of 

Disagreement for distribution in accordance with Sec.  6.56.

    (4) Notice of the requestor's right to seek judicial review of the 

final administrative determination, as provided in Sec.  6.57.

    (g) The final agency determination must be made no later than 30 

workdays from the date on which the appeal is received by the Privacy 

Act Appeals Officer.

    (h) In extraordinary circumstances, the Director may extend this 

time limit by notifying the requestor in writing before the expiration 

of the 30 workdays. The Director's notification will include a 

justification for the extension.



[44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980]