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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B31. RECORDS MANAGEMENT AND PRIVACY OF RECORDS |
Section 6-B3121. ADMINISTRATIVE REVIEW OF DENIAL OF ACCESS OR AMENDMENT
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3121.1An employee or other person authorized to request access to or amendment of personnel records under sections 3104 through 3120 above, whose request has been denied, may request administrative review of the denial. Such review shall be made by the Director of the Office of Personnel or of the Independent Personnel Authority having custody of the records, and should be addressed, with the envelope clearly marked "Request for Administrative Review."
3121.2The D.C. Office of Personnel, or the Independent Personnel Authority having custody of the records, shall respond in writing within ten (10) working days to each request for administrative review of a denial of disclosure or amendment.
3121.3If a decision cannot be made within the ten (10) day period, an acknowledgment letter shall be sent within that time explaining the delay and furnishing an expected date for the decision.
3121.4A decision on the request shall be made within thirty (30) working days after receipt of the request.
3121.5Only for good cause shown, and at the discretion of the responsible official, may this time limit be extended. Any extension shall be made by written notification to the requester explaining the reason for the extension and furnishing a new expected date for the decision. Generally, such extension shall be for no more than an additional thirty (30) working days.
3121.6The requester shall be notified in writing of the decision, and the responsible official shall--
(a)Grant the requested amendment in its entirety and notify the requester of all actions taken to effect the amendment and notify known prior recipients of the record; or
(b)Uphold the decision not to amend the record as requested and inform the requester of--
(1)The basis for the decision;
(2)The name and position title of the official responsible for the decision; and
(3)The procedures whereby the requester may appeal the decision; or
(c)Grant the requested amendment in part and inform the requester as prescribed in this subsection. For that part denied, inform the requester as prescribed in this subsection.
3121.7The custodian of the personnel records or designee who issued the denial decision shall be responsible for providing the record which was the subject of the amendment request, and shall otherwise cooperate with the reviewing official.