[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR501.8]

[Page 874-875]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   CHAPTER V--MARINE MAMMAL COMMISSION
 
PART 501_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents
 
Sec. 501.8  Appeal of initial denial of a request for amendment 

or correction.

    (a) The initial denial of a request for amendment or correction may 
be appealed by submitting to the Director the following appeal papers:
    (1) A copy of the original request for amendment or correction;
    (2) A copy of the initial denial; and
    (3) A precise statement of the reasons for the individual's belief 
that the denial is in error, referring specifically to the criteria 
contained in Sec. 501.7(c)(1) through (8).

The appeal must be signed by the individual. While these papers normally 
will constitute the entire Record on Appeal, the Director may add 
additional information, from sources other than the individual, where 
necessary to facilitate a final determination. Any such additional 
information added to the record shall promptly be disclosed to the 
individual to the greatest extent possible, and an opportunity for 
comment thereon shall be afforded prior to the final determination. 
Appeals should be submitted to the Director within 90 days after the 
date of the initial denial.
    (b) The Director shall issue a final determination on appeal within 
thirty days (excluding Saturdays, Sundays, and legal public holidays) 
from the date on which a completed Record on Appeal (including any 
additional information deemed necessary) is received. Review, and final 
determination by the Director, shall be based upon the criteria 
specified in Sec. 501.7(c)(1) through (8).
    (c) If the appeal is resolved favorably to the individual, the final 
determination shall specify the amendments or corrections to be made. 
Copies of the final determination shall be transmitted promptly to the 
individual and to the Privacy Officer. The Privacy Officer shall make 
the requested amendment or correction and advise the individual in 
writing of such action.
    (d) If the appeal is denied, the final determination shall state, 
with particularity, the reasons for denial, including a citation to an 
appropriate section of the Act and of these Rules. The final 
determination shall be forwarded promptly to the individual, together 
with a notice which shall inform

[[Page 875]]

the individual of his or her right to submit to the Privacy Officer, for 
inclusion in the record, a concise statement of grounds for disagreement 
with the final determination. Receipt of any such statement shall be 
acknowledged by the Privacy Officer, and all subsequent and prior users 
of the record shall be provided copies of the statement. The notice 
shall also inform the individual of his or her right, under 5 U.S.C. 
552a(g)(1), to obtain judicial review of the final determination.

[40 FR 49276, Oct. 21, 1975, as amended at 41 FR 5, Jan. 2, 1976]