Section 6-B3118. RESPONSE TO ACCESS REQUEST

 

3118.1The D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, shall respond within ten (10) working days after receipt by the system manager or his or her designee to each specific inquiry for access.

 

3118.2If the requested data or an answer to a specific inquiry cannot be furnished within the ten (10) day period, a response shall be sent within that time giving the status of the matter and the expected date the material or answer will be furnished, or requesting any additional information needed to process the specific inquiry or request for access.

 

3118.3Action shall be completed as soon as possible thereafter, but not later than twenty (20) working days after receipt of the original specific inquiry, request for access, or receipt of the additional information that was requested.

 

3118.4In unusual circumstances and for good cause, the custodian of the personnel records may decide that action cannot be completed within twenty (20) days.

 

3118.5Unusual circumstances would exist, for example, when the record must be retrieved from archival storage or requested from another agency, when a voluminous amount of material must be reviewed, or when information on other individuals must be separated or deleted from a particular record.

 

3118.6In any case, the official shall advise the individual of the reason for the delay and the date (not to exceed an additional (20) working days) by which action can be expected to be completed.

 

3118.7Unless the requester refuses to abide by the procedures for access to records as specified in this section, the custodian of the personnel records or his or her designee shall make the entire contents of the requested record available to a properly identified data subject or the data subject's authorized representative, except for data that--

 

(a)Is subject to a properly promulgated exemption under these regulations; or

 

(b)Requires special procedures for access.

 

3118.8Generally, it shall be the policy of the Office of Personnel that there shall be no charge for the first copy of the information being requested, unless large amounts of material must be produced.

 

3118.9Thereafter, copies of the same records may be furnished on request after payment in accordance with the fee schedule listed in the Freedom of Information Regulations of the District of Columbia.

 

3118.10The custodian of the personnel records or his or her designee, at his or her discretion, may elect to furnish a copy of the material to the requester in person or by mail.

 

3118.11Where it is necessary for the custodian of the personnel records or his or her designee to deny access to all or any part of the requested record, the decision shall be based on one of the reasons for denial set forth above.

 

3118.12The agency or official claiming an exemption from the access provisions shall inform the requester of the basis for the denial and of the requester's right to appeal the decision to exempt any or all of the requested records, as set forth below.

 

3118.13If an access request is denied, the official custodian of the personnel records or his or her designee shall give the requester the following information:

 

(a)The custodian of the personnel record's or designee's name, position title, and business mailing address.

 

(b)The reason for the denial, including citation of appropriate sections of these regulations.

 

(c)The individual's opportunity for further administrative consideration, as provided in §§ 3121 and 3122.

 

source

Final Rulemaking published at 28 DCR 4288 (October 2, 1981); as amended by Final Rulemaking published at 46 DCR 2372 (May 5, 1999).