5 CFR 9801.304 – Response to appeal of adverse determination on amendment; disagreement statements
(a) Response timing. The Chairperson should make a final determination in writing not later than 30 days from the date the appeal was received. The 30-day period may be extended for good cause. Notice of the extension and the reasons therefor will be sent to the requester within the 30-day period.
Terms Used In 5 CFR 9801.304
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
(b) Amendment granted. If the Chairperson determines that the record(s) should be amended in accordance with the requester’s request, the Chairperson will take the necessary steps to advise the requester and to direct the appropriate system manager:
(1) To amend the record(s); and
(2) To notify previous recipients of the record(s) for which there is an accounting of disclosure that the record(s) have been amended.
(c) Denial affirmed. If the appeal decision does not grant in full the request for amendment, the decision letter will notify the requester that the requester may:
(1) Obtain judicial review of the decision in accordance with the terms of the Privacy Act at 5 U.S.C. § 552a(g); and
(2) File a statement setting forth their reasons for disagreeing with the decision.
(d) Requester’s disagreement statement. A requester’s disagreement statement must be concise. CIGIE has the authority to determine the “conciseness” of the statement, taking into account the scope of the disagreement and the complexity of the issues.
(e) Provision of requester’s disagreement statement. In any disclosure of information about which an individual has filed a proper statement of disagreement, CIGIE will clearly note any disputed portion(s) of the record(s) and will provide a copy of the statement to persons or other agencies to whom the disputed record or records has been disclosed and for whom an accounting of disclosure has been maintained. A concise statement of the reasons for not making the amendments requested may also be provided.