13 AAC 68.200 - Correcting criminal justice information
(a) To request a
correction, modification, or addition under
AS
12.62.170(b) to criminal
justice information maintained by the repository, a person must submit to the
repository,
(1) on a form provided by the
department, or in a format approved by the department,
(A) a description of the information believed
to be inaccurate or incomplete, and the correction, modification, or addition
requested;
(B) the mailing address
and telephone number of the requester;
(C) if the information believed to be
inaccurate or incomplete was or will be used to grant or deny a right or
privilege,
(i) a description of the right or
privilege;
(ii) the name, title,
telephone number, and mailing address of the person responsible for granting or
denying the right or privilege; and
(iii) if known, the date and time that the
right or privilege was or will be granted or denied; and
(D) a signed statement attesting to the truth
of the information submitted under this subsection, under penalty of unsworn
falsification in violation of
AS
11.56.210;
(2) documentation to support the requested
correction, modification, or addition; and
(3) proof of identity of the
requester.
(b) If the
repository determines that it
(1) has
sufficient information to make a determination, the repository shall, within
the applicable time period set out in (d) of this section,
(A) notify the requester that the request is
granted and, if the requester is the subject of the information, provide the
requester, at no charge, with a copy of the criminal justice information to
which a correction, modification, or addition is made; or
(B) issue a written denial of the request if
the repository determines that the criminal justice information for which a
correction, modification, or addition was requested is accurate and complete,
and in that denial, shall notify the requester that requester may seek, under
(c) of this section, a final administrative decision from the commissioner;
or
(2) lacks sufficient
information to grant or deny the request, and that
(A) the department is the agency responsible
for maintaining the criminal justice information, the repository shall, within
the applicable time period set out in (d) of this section, request additional
information from the requester, and may not act on the request until the
additional information is received; or
(B) another criminal justice agency is
responsible for maintaining the criminal justice information, the repository
shall, within the applicable time period set out in (d) of this section,
forward the request to the head of that agency for a final administrative
decision under
AS
12.62.170, and shall notify the requester
that the request has been forwarded.
(c) Within 30 days after the repository
issues a written denial under (b)(1)(B) of this section, the requester may
submit the request to the commissioner for a final administrative decision.
Within the applicable time period set out in (d) of this section, the
commissioner will make a final administrative decision, in writing, to grant or
deny the request. The commissioner may adopt the repository's denial as the
final administrative decision.
(d)
Unless the requester waives in writing the time for a response set out in this
subsection, if the
(1) repository receives a
request under (a) of this section, the repository shall respond to the request
as described in (b) of this section within
(A)
five working days after receiving a request that includes information described
in (a)(1)(C) of this section; or
(B) 30 days after receiving a request that
does not include information described in (a)(1)(C) of this section;
and
(2) commissioner
receives a timely request under (c) of this section for a final administrative
decision, the commissioner will make that decision within
(A) five working days after receiving a
request that includes information described in (a)(1)(C) of this section;
or
(B) 30 days after receiving a
request that does not include information described in (a)(1)(C) of this
section.
(e)
Failure of the repository or commissioner to respond to a request within the
time limits set out in (d) of this section is a denial of the
request.
(f) In this section,
"working day" means a day other than Saturday, Sunday, or a state
holiday.
Notes
Authority:AS 12.62.110
AS 12.62.170
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