Goto Section: 0.556 | 0.558 | Table of Contents

FCC 0.557
Revised as of October 1, 2014
Goto Year:2013 | 2015
§ 0.557   Administrative review of an initial decision not to amend a record.

   (a) Individuals have 30 days from the date of the determination not to
   amend a record consistent with their request to seek further
   administrative review by the full Commisison. Such a request shall be
   in writing and should be addressed to either the system manager who
   made the initial adverse decision, or, in the case of official
   personnel records of active FCC employees, to the Assistant Director
   for Work Force Information, Compliance and Investigations Group, Office
   of Personnel Management, Washington, DC 20415. Any request for
   administrative review must:

   (1) Clearly identify the questions presented for review (e.g., whether
   the record information in question is, in fact, accurate; whether
   information subject to a request to delete is relevant and necessary to
   the purpose for which it is maintained);

   (2) Specify with particularity why the decision reached by the system
   manager is erroneous or inequitable; and

   (3) Clearly state how the record should be amended or corrected.

   (b) The Commission shall conduct an independent review of the record in
   controversy using the standards of review set out in § 0.556(d). It may
   seek such additional information as is necessary to make its
   determination. Final administrative review shall be completed not later
   than 30 days (excluding Saturdays, Sundays and legal public holidays)
   from the date on which the individual requests such review unless the
   Chairman determines that a fair and equitable review cannot be made
   within the 30 day period. In such event, the individual will be
   informed in writing of the reasons for the delay and the approximate
   date on which the review is expected to be completed.

   (c) If upon review of the record in controversy the Commission agrees
   with the individual that the requested amendment is warranted, the
   Commission will proceed in accordance with § 0.556(c)(1) (i) through

   (d) If after the review, the Commission also refuses to amend the
   record as requested, it shall:

   (1) Notify the individual in writing of its refusal and the reasons

   (2) Advise the individual that a concise statement of the reasons for
   disagreeing with the decision of the Commisison may be filed;

   (3) Inform the individual:

   (i) That such a statement should be signed and addressed to the system
   manager having custody of the record in question;

   (ii) That the statement will be made available to any one to whom the
   record is subsequently disclosed together with, at the Commission's
   discretion, a summary of its reasons for refusing to amend the record;

   (iii) That prior recipients of the record will be provided a copy of
   the statement of dispute to the extent that an accounting of such
   disclosures is maintained; and

   (4) Advise the individual that judicial review of the Commisison's
   decision not to amend the record in any district court of the United
   States is available.

   (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]

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Goto Section: 0.556 | 0.558

Goto Year: 2013 | 2015
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