5 CFR 2412.12 – Agency review of refusal to inform, to provide access to, or to amend or correct records
(a) If your request for information regarding whether a system of records contains information about you or an individual for whom you are a parent or guardian, or your request for access to, or amendment or correction of, records of the Authority, the General Counsel, the IG, or the Panel, or an accounting of disclosure from such records, has been denied in whole or in part by an initial decision, you may, within thirty (30) working days after your receipt of notice of the initial decision, appeal that decision by filing a written request by mail to the Chairman of the Authority at the Authority’s offices in Washington, DC, or by email to privacy@flra.gov.
Terms Used In 5 CFR 2412.12
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) The appeal must describe:
(1) The request you initially made for information regarding, access to, or the amendment or correction of, records;
(2) The initial decision of the FLRA’s Solicitor or IG on the request; and
(3) The reasons why that initial decision should be modified by the Chairman of the Authority.
(c) Not later than thirty (30) working days after receipt of a request for review (unless such period is extended by the Chairman of the Authority or the Chairman’s designee for good cause shown), the Chairman of the Authority or the Chairman’s designee will notify you of their decision on your request. If the Chairman of the Authority or the Chairman’s designee upholds the initial decision not to inform the individual of whether requested records exist, or not to provide access to requested records or accountings, or not to amend or correct the records as requested, then the Chairman of the Authority or the Chairman’s designee will notify you of your right:
(1) To judicial review of the Chairman of the Authority or the Chairman’s designee’s decision pursuant to 5 U.S.C. § 552a(g)(1); and
(2) To file with the FLRA’s Solicitor or IG, as appropriate, a concise written statement of disagreement with the determination. That written statement of disagreement will be made a part of the record and will accompany that record in any use or disclosure of the record.