[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.643]

[Page 593-594]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.643  Disqualification.

    (a) The Regional Office Director or the Regional Office Director's 
designee may revoke an individual's or an organization's access 
privileges to a particular claimant's records because the individual or 
organization no longer represents the claimant, and, therefore, the 
beneficiary's consent is no longer in effect. The individual or 
organization is no longer entitled to access as a matter of law under 
the Privacy Act, 5 U.S.C. 552a, and 38 U.S.C. 5701 and 7332. Under these 
circumstances, the individual or organization is not entitled to any 
hearing or to present any evidence in opposition to the revocation.
    (b) The Regional Office Director or the Regional Office Director's 
designee may revoke an individual's or an organization's access 
privileges either to an individual claimant's records or to all 
claimants' records in the VBA automated claims benefits systems if the 
individual or organization:
    (1) Violates any of the provisions of Sec. Sec.  14.640 through 
14.643;
    (2) Accesses or attempts to access data for a purpose other than 
representation of an individual veteran;
    (3) Accesses or attempts to access data other than the data 
specified in these regulations;
    (4) Accesses or attempts to access data on a VA beneficiary who is 
not represented either by the individual who obtains access or by the 
organization employing the individual who obtains access;
    (5) Utilizes unapproved computer hardware or software to obtain or 
attempt to obtain access to VBA computer systems;
    (6) Modifies or attempts to modify data in the VBA computer systems.
    (c) If VBA is considering revoking an individual's access under 
Sec.  14.643(b), and that individual works for an organization, the 
Regional Office of jurisdiction will notify the organization of the 
pendency of the action.
    (d) After an individual's access privileges are revoked, if the 
conduct which resulted in revocation was such that it merits reporting 
to an appropriate governmental licensing organization such as a State 
bar, the VBA Regional Office of jurisdiction will immediately inform the 
licensing organization in writing of the fact that the individual's 
access privileges were revoked and the reasons why.
    (e) The VBA Regional Office of jurisdiction may temporarily suspend 
access privileges prior to any determination on the merits of the 
proposed revocation where the Regional Office Director or the Director's 
designee determines that such immediate suspension is necessary in order 
to protect the integrity of the system or confidentiality of the data in 
the system from a reasonably foreseeable compromise. However, in such 
case, the Regional Office

[[Page 594]]

shall offer the individual or organization an opportunity to respond to 
the charges immediately after the temporary suspension.

                            Personnel Claims