§ 1.117Agency review of request for correction or amendment of record.
(a) Any agency which receives a request for amendment or correction under § 1.116 shall acknowledge that request within 10 days of its receipt (excluding Saturdays, Sundays and legal public holidays). The agency shall also promptly, either:
(1) Make any correction, deletion or addition with regard to any portion of a record which the requester believes is not accurate, relevant, timely or complete; or
(2) Inform the requester of its refusal to amend the record in accordance with the request; the reason for the refusal; the procedures whereby the requester can appeal the refusal to the head of the agency; and the title and business address of that official. If the agency informs the requester of its determination within the 10-day deadline, a separate acknowledgement is not required.
(b) If an agency is unable to comply with either paragraphs (a)(1) or (2) of this section within 30 days of its receipt of a request for correction or amendment, (excluding Saturdays, Sundays and legal public holidays), it should inform the requester of that fact, the reasons for the inability to comply with paragraphs (a)(1) or (a)(2) of this section within 30 days, and the approximate date on which a determination will be reached.
(c) In conducting its review of a request for correction or amendment, each agency shall be guided by the requirements of 5 U.S.C. 552a(e)(1) and (5).
(d) If an agency determines to grant all or any portion of a request for correction or amendment, it shall:
(1) Advise the individual of that determination;
(2) Make the requested correction or amendment; and
(3) Inform any person or agency outside USDA to whom the record has been disclosed, if an accounting of that disclosure is maintained in accordance with 5 U.S.C. 552a(c), of the occurrence and substance of the correction or amendments.
(e) If an agency determines not to grant all or any portion of a request for correction or amendment, it shall:
(1) Comply with paragraph (d) of this section with regard to any correction or amendment which is made;
(2) Advise the requester of its determination and the reasons for the determination not to grant all or a portion of the request for a correction or amendment;
(3) Inform the requester that he or she may appeal this determination to the head of the agency which maintains the system of records; and
(4) Describe the procedures for making such an appeal, including the title and business address of the official to whom the appeal is to be addressed.
(f) In the event that an agency receives a notice of correction or amendment to information in a record contained in a system of records which it maintains, it shall comply with paragraphs (d)(2) and (3) of this section in the same manner as if it had made the correction or amendment itself.
[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]
Title 7 published on 2014-01-01
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