[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR297.306]

[Page 117-118]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 297_PRIVACY PROCEDURES FOR PERSONNEL RECORDS--Table of Contents
 
                     Subpart C_Amendment of Records
 
Sec. 297.306  Appeal of a denial of a request to amend a record.

    (a) An individual who disagrees with an initial denial to amend a 
record may file a written appeal of that denial to the appropriate 
official. In submitting an appeal, the individual should provide a copy 
of the original request for amendment, a copy of the initial denial 
decision, and a statement of the specific reasons why the initial denial 
is believed to be in error. Any appeal should be submitted to the 
official designated in the initial decision letter. The appeal should 
include the words ``PRIVACY ACT APPEAL'' in capital letters on the 
envelope and at the top of the letter of appeal.
    (b) The reviewing official should complete the review and make a 
final determination in writing no later than 30 working days from the 
date on which the appeal is received. When circumstances warrant, this 
timeframe may be extended.
    (c) If the Office grants the appeal, it will take the necessary 
steps either to amend the record itself or to require the originating 
agency to amend the record. When appropriate and possible, prior 
recipients of the record should be notified of the Office's action.

[[Page 118]]

    (d) The Office reserves the right to hold in abeyance any Privacy 
Act appeal concerning a record when an individual is involved in 
challenging an action involving that record in another administrative, 
judicial, or quasi-judicial forum. At the conclusion of such a 
challenge, the individual can resubmit the appeal.
    (e) If the Office denies the appeal, it will include in the decision 
letter notification of the appellant's right to judicial review.