§ 319.10Appeal of initial adverse Agency determination for access, correction or amendment.
(a) An individual who disagrees with the denial or partial denial of his or her request for access, correction, or amendment of Agency records pertaining to himself/herself, may file a request for administrative review of such refusal within 30 days after the date of notification of the denial or partial denial.
(b) Such requests should be in writing and may be mailed to RTS-1 as indicated in § 319.5.
(c) The requester shall provide a brief written statement setting forth the reasons for his or her disagreement with the initial determination and provide such additional supporting material as the individual feels necessary to justify his or her appeal.
(d) Within 30 days (excluding Saturday, Sunday, and legal public holidays) of the receipt of request for review, the Agency shall advise the individual of the final disposition of his or her request.
(e) In those cases where the initial determination is reversed, the individual will be so informed and the Agency will take appropriate action.
(f) In those cases where the initial determinations are sustained, the individual shall be advised:
(1) In the case of a request for access to a record, of the individual's right to seek judicial review of the Agency refusal for access.
(2) In the case of a request to correct or amend the record:
(i) Of the individual's right to file with record in question a concise statement of his or her reasons for disagreeing with the Agency's decision,
(ii) Of the procedures for filing a statement of disagreement, and
(iii) Of the individual's right to seek judicial review of the Agency's refusal to correct or amend a record.
[51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991]
Title 32 published on 2013-07-01
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