10 CFR 1008.10 - Action in response to a request for correction or amendment of records.
(b) If the decision cannot be reached within 10 working days, the requester shall be informed of the reason for delay and the date (within 20 working days) it is expected that the decision will be made.
(1) Instruct the System Manager to make the requested correction or amendment; and advise the individual in writing of such action, providing either a copy of the corrected or amended record, or a statement as to the means whereby the correction or amendment was accomplished in cases where a copy cannot be provided (for example, erasure of information from a record maintained only in an electronic data bank); or
(2) Inform the individual in writing that his request is denied in whole or in part. Such denial shall be sent by certified or registered mail, return receipt requested, and shall provide the following information:
(i) The System Manager's name and title;
(ii) The reasons for the denial; including citation to the appropriate sections of the Act and this part; and
(e) The following criteria will be taken into account by the DOE in reviewing a request for amendment:
(1) The sufficiency of the evidence submitted by the individual;
(2) The factual accuracy of the information;
(3) The relevance and necessity of the information in relation to the purpose for which it was collected;
(4) If such information is used in making any determination about the individual, whether the information is as accurate, relevant, timely, and complete as is reasonably necessary to assure fairness to the individual in such determination;
(5) The degree of possibility that denial of the request could unfairly result in a determination adverse to the individual;
(6) The nature of the record sought to be corrected or amended; and
(7) The propriety and feasibility of complying with the specific means of amendment requested by the individual.
(4) The amendment would violate a duly enacted statute or promulgated regulation;
(5) The individual has unreasonably failed to comply with the procedural requirements of this part; or
(h) Nothing in this section shall restrict the DOE from granting in part or denying in part a request for amendment of records.