FCC 0.556 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 0.556 Request to correct or amend records.
(a) An individual may request the amendment of information contained in
their record. Except as otherwise provided in this paragraph, the request to
amend should be submitted in writing to the system manager responsible for
the records. Requests to amend the official personnel records of active FCC
employees should be submitted to the Associate Managing Director—Human
Resources Management, 445 12th Street, SW., Washington, D.C. 20554. Requests
to amend official personnel records of former FCC employees should be sent
to the Assistant Director for Work Force Information, Compliance and
Investigations Group, Office of Personnel Management, 1900 E Street, NW.,
Washington, D.C. 20415. Any request to amend should contain as a minimum:
(1) The identity verification information required by Sec. 0.554(b)(2) and the
information needed to locate the record as required by Sec. 0.554(a).
(2) A brief description of the item or items of information to be amended;
and
(3) The reason for the requested change.
(b) A written acknowledgement of the receipt of a request to amend a record
will be provided within 10 days (excluding Saturdays, Sundays, and legal
public holidays) to the individual requesting the amendment. Such an
acknowledgement may, if necessary, request any additional information needed
to make a determination. There will be no acknowledgement if the request can
be reviewed, processed, and the individual notified of compliance or denial
within the 10 day period.
(c) The responsible system manager, or in the case of official personnel
records of active FCC employees, the Associate Managing Director—Personnel
Management, shall (normally within 30 days) take one of the following
actions regarding a request to amend:
(1) If the system manager agrees that an amendment to the record is
warranted, the system manager shall:
(i) So advise the individual in writing;
(ii) Correct the record in compliance with the individual's request; and
(iii) If an accounting of disclosures has been made, advise all previous
recipients of the fact that the record has been corrected and of the
substance of the correction.
(2) If the system manager, after an initial review, does not agree that all
or any portion of the record merits amendment, the system manager shall:
(i) Notify the individual in writing of such refusal to amend and the
reasons therefore;
(ii) Advise the individual that further administrative review of the initial
decision by the full Commission may be sought pursuant to the procedures set
forth in Sec. 0.557. (In cases where the request to amend involves official
personnel records, review is available exclusively from the Assistant
Director for Work Force Information, Compliance and Investigations Group,
Office of Personnel Management, Washington, DC 20415; and
(iii) Inform the individual of the procedures for requesting Commission
review pursuant to Sec. 0.557.
(d) In reviewing a record in response to a request to amend, the system
manager shall assess the accuracy, relevance, timeliness, or completeness of
the record in light of each data element placed into controversy and the use
of the record in making decisions that could possibly affect the individual.
Moreover, the system manager shall ajudge the merits of any request to
delete information based on whether or not the information in controversy is
both relevant and necessary to accomplish a statutory purpose required of
the Commission by law or executive order of the President.
(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))
[ 40 FR 44512 , Sept. 26, 1975, as amended at 45 FR 39850 , June 12, 1980; 49 FR 13369 , Apr. 4, 1984; 65 FR 58466 , Sept. 29, 2000]
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