§ 1.9 Appeal of initial adverse agency determination on amendment or correction.

  1. a. (a) Any individual whose request for a correction or amendment has been denied in whole or in part, may appeal that decision to the Commissioners no later than one hundred eighty (180) days after the adverse decision is rendered.

  2. b. (b) The appeal shall be in writing and shall contain the following information:

    1. 1. (1) The name of the individual making the appeal;

    2. 2. (2) Identification of the record sought to be amended;

    3. 3. (3) The record system in which that record is contained;

    4. 4. (4) A short statement describing the amendment sought; and

    5. 5. (5) The name and location of the agency official who initially denied the correction or amendment.

  3. c. (c) Not later than thirty (30) days (excluding Saturdays, Sundays and legal holidays) after the date on which the Commission receives the appeal, the Commissioners shall complete their review of the appeal and make a final decision thereon. However, for good cause shown, the Commissioners may extend that thirty (30) day period. If the Commissioners extend the period, the individual requesting the review shall be promptly notified of the extension and the anticipated date of a decision.

  4. d. (d) After review of an appeal, the Commission shall send a written notice to the requestor containing the following information:

    1. 1. (1) The decision and, if the denial is upheld, the reasons for the decision;

    2. 2. (2) The right of the requestor to institute a civil action in a Federal District Court for judicial review of the decision; and

    3. 3. (3) The right of the requestor to file with the Commission a concise statement setting forth the reasons for his or her disagreement with the Commission denial of the correction or amendment. The Commission shall make this statement available to any person to whom the record is later disclosed, together with a brief statement, if appropriate, of the Commission's reasons for denying the requested correction or amendment. The Commission shall also send a copy of the statement to prior recipients of the individual's record if an accounting of the disclosures was made.