Section 6-B3119. REQUEST FOR AMENDMENT OF RECORD

 

3119.1Data subjects may request the amendment of their records in writing or in person by contacting the custodian of the personnel record or his or her designee. Requests by mail may be expedited if the words "PERSONNEL RECORD AMENDMENT REQUEST" appear in capital letters on both the face of the envelope and the enclosed letter.

 

3119.2Misaddressed or misdirected requests shall be forwarded promptly to the proper office. Time limits prescribed in this section will be measured from receipt at the proper office.

 

3119.3In each instance when a forwarded request is received, the receiving office shall notify the data subject that the request was improperly addressed or marked, and inform him or her of the date when the request was received in the proper office.

 

3119.4A request for amendment should include the following:

 

(a)The precise identification of the records sought to be amended (for example, description, title, date, paragraph, sentence, line, and words).

 

(b)The specific material to be deleted, if any.

 

(c)The specific material to be added, if any, and the exact place at which it is to be added.

 

(d)A statement of the reasons for the request, with all available documents and materials that substantiate the request.

 

3119.5Upon receipt of a request to correct or amend a record, when the Office of Personnel or an agency finds that the request is not in accordance with the requirements prescribed in this section or section 3120 below, the custodian of the personnel records shall, in writing, communicate this determination. From the standpoint of meeting time limits, the request shall not be considered received until such clarifying information is received.

 

3119.6The custodian of the personnel records shall respond in writing to a request to amend a record within ten (10) working days. Where appropriate, a response indicating the decision of the Office of Personnel or an agency regarding the request to amend shall be furnished at that time.

 

3119.7Where a decision cannot be furnished within ten (10) working days, the response shall acknowledge receipt of the reasons for the delay and the approximate date (within twenty (20) working days) on which a decision will be issued.

 

3119.8When the request for amendment is granted, the custodian of the personnel record or his or her designee shall make the requested amendment, informing the individual in writing of this action, and provide either a copy of the amended record, or in cases where a copy cannot be provided (for example, erasure of information from a record maintained only in computer media), a statement of how the amendment was effected.

 

3119.9The custodian of the personnel records or his or her designee shall, where practical, and where records are used in determinations concerning individuals, advise all other known holders of the records of the amendment.

 

3119.10The requester shall be informed that known prior recipients of the record have been requested to amend their copies.

 

3119.11When the request for amendment is denied, the custodian of the personnel records or his or her designee shall inform the individual in writing that the request is denied and provide the following information:

 

(a)The name and title of the custodian of the personnel records or his or her designee.

 

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

 

3119.12In those circumstances where the request is partially granted and partially denied, the custodian or his or her designee shall inform the requester how the amendment has been partially effected and the basis for the denial of part of the request.

 

source

Final Rulemaking published at 28 DCR 4288 (October 2, 1981).