[Privacy Act Issuances (1997)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
ASC-1
System name:
National Registry of State Certified and Licensed Appraisers.
System location:
Appraisal Subcommittee of the Federal Financial Institutions
Examination Council, 2100 Pennsylvania Avenue, NW, Suite 200,
Washington, DC 20037.
Categories of individuals covered by the system:
Individuals who are, or have been, licensed or certified by a
State to perform appraisals in federally related transactions.
Categories of records in the system:
State abbreviation; national registry number; State license
number; license action; previous license number; last name; first
name; middle initial; name suffix; date of birth; street (mailing);
city (mailing); State (mailing); zip (mailing); company name;
telephone; street (physical); city (physical); State (physical); zip
(physical); county name; FIPS county code; status; status date;
license type; previous license type; effective date; expiration date;
previous expiration date; amount paid; transaction date; years paid;
classification; EDI capability; disciplinary code; effective date;
ending date; release to public; release to government.
Authority for maintenance of the system:
Sections 1103(a)(4) and 1109(a)(1), Title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C.
3332(a)(4) and 3338(a)(1).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(1) The information in the system may be used by the ASC in any
administrative proceeding before the ASC or in any other action or
proceeding in which the ASC or its staff participates as a party or
the ASC participates as amicus curaie any may be available to the
extent required by law in response to a subpoena issued in the course
of a proceeding in which the ASC is not a party;
(2) In any case in which records in the system indicate a
violation or a potential violation of law, whether civil, criminal or
regulatory in nature, whether arising from general statute, or by
regulation, rule or order issued pursuant thereto, the relevant
records may be referred to the approriate agency, whether Federal,
State or local, charged with enforcing or implementing the Statute,
regulation, rule or order.
(3) The information may be given or shown to anyone during the
course of an ASC investigation if the ASC staff has reason to believe
that disclosure to the person will further the investigation.
Information also may be disclosed to Federal, State or local
authorities in order to obtain information or records relevant to an
ASC investigation;
(4) The information may be given to independent auditors or other
private firms with which the ASC has contracted to carry out an
independent audit, or to collate, aggregate or otherwise refine and
process data collected in the system of records. These contractors
will be required to maintain Privacy Act safeguards with respect to
such records;
(5) The information may be disclosed to a Federal, State or local
government agency where records in this system of records pertain to
an application for employment or to a current employer of that agency
where the records are relevant and necessary to an agency decision
concerning the hiring or retention of an employee or disciplinary or
other administrative action concerning an employee;
(6) The information may be disclosed to a Federal, State or local
government agency in response with the issuance of a security
clearance, the letting of a contract, or the issuance of a license,
grant or other benefit bythe requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision in the matter;
(7) The information may be disclosed to the Department of Justice
or other counsel to the ASC for legal advice and also when the
defendant in litigation is: (a) Any component of the ASC or any
member or employee of the ASC in his or her official capacity; or (b)
the United States. The information also may be disclosed to counsel
for any ASC member or employee in litigation or anticipated
litigation in his or her individual capacity where the ASC or the
Department of Justice agrees to represent such employee or authorizes
representation by another;
(8) The information may be disclosed to a Congressional office in
response to an inquiry made at the request of the individual to whom
the record pertains;
(9) The information may be disclosed to the news media in
accordance with guidelines contained in 28 CFR. 50.2 concerning the
ASC's functions relating to civil, administrative and criminal
proceedings;
(10) Using traditional, non-computerized methods, the information
may be disclosed to Federal, State or local government agency
personnel and duly authorized officers or employees of a financial
institution, as that term is defined in section 1121(7) of Title XI
of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989, 12 U.S.C. 3350(7), where records in this system of records
pertain to a person seeking to qualify, or remain qualified, as a
staff or fee appraiser eligible to perform an appraisal in connection
with a federally related transaction.
(11) All information in this system of records, except the
national registry number and the disciplinary code relating to final
disciplinary actions resulting in less than suspensions, revocations
or voluntary surrenders of credentials in lieu of further State
disciplinary action (collectively, `protected data'), may be
disclosed or any member of the public through inquiry of the ASC's
Internet Web site. All information, with no exceptions, may be
disclosed to authorized Federal and State agency officials through
inquiry of the ASC's Internet Web site.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file drawers, computer diskettes, removable
computer media (such as ``zip disk''), computer hard disk drives
magnetic tapes, and computer memory. The public portion of the
information also is stored in digital form at the data processing
facilities of National Technical Information Services, Department of
Commerce, Springfield, VA.
Retrievability:
National Registry information on the ASC's Web site may be
retrieved by any single data element or by any combination of data
elements listed above in ``Categories of Records in the Systems,''
except for protected data. Protected data cannot be retrieved by
anyone other than persons authorized in the ``Routine Uses'' section
above. All information, except for protected data, cna be retrieved
by anyone by using preformatted or custom queries through the ASC's
Internet Web site. Only authorized ASC members and staff and State
appraiser regulatory agency ``authorized Officials'' can retrieve
protected data through the ASC Web site. For persons without Internet
access to the ASC's Web site, information may be retrieved by
following the procedures in 12 CFR part 1102, subpart C.
Safeguards:
Records submitted by State appraiser regulatory agencies are kept
in limited access areas during duty hours and in locked office areas
at all other times. These records are available only to those persons
whose official duties require such access. Internet access to
protected data is limited by using `Secure Socket Layer' technology
and by the ASC assigning user identifications and passwords to
``Authorized Officials'' designated by State appraiser regulatory
organizations and ASC members and staff. No one, other than duly
authoized ASC personnel and other persons who are authorized, from
time to time, by the System Manager to assist the ASC in maintaining
the ASC Web site, can edit or otherwise change the underlying
database records contained in the system of records.
Retention and disposal:
System records are retained by the ASC indefinitely.
System manager(s) and address:
Executive Director, ASC, 2100 Pennsylvania Avenue, NW, Suite 200,
Washington, DC 20037.
Notification procedure:
Individuals without Internet access, who are seeking to determine
whether this system of records contains information about themselves,
seeking access to records about themselves in this system of records,
or contesting the content of records about themselves, must follow
the procedures described in 12 CFR part 1102, subpart C.
Individuals with Internet access at any time can determine almost
immediately whether this system of records contains information about
themselves and whether the information is accurate (except for
protected data). Therefore, persons with Internet access do not need
to notify the ASC regarding their seeking to determine whether this
system of records contains information about themselves or seeking
access to records about themselves in this system of records.
Notifications under 12 CFR part 1102, subpart C, however, are needed
to obtain information about protected data in the system of records
and to contest the content of any records in the system of records.
Record access procedure:
Records, other than those pertaining to protected data, may be
accessed by anyone, at any time, via the ASC's Internet Wed site.
Protected data are not publicly accessible; access is limited only to
State agency ``Authorized Officials'' and other State and Federal
agency officials consistent with the ``routine uses'' stated above.
For persons without Internet access, the procedure for accessing
records in this system of records is set out in 12 CFR part 1102,
subpart C.
Contesting record procedures:
Notifications under 12 CFR part 1102, subpart C are needed to
contest the content of any records in the system of records.
Record source categories:
Information in these records is supplied by State appraiser
regulatory agencies. These agencies gather the information from
individuals seeking to become State licensed or State certified
appraisers, individuals seeking to renew their licenses or
certifications, or qualified individuals seeking authority from an
agency to perform appraisals in federally related transactions
outside of their State of licensure or certification on a temporary
basis.
Exemptions claimed for the system:
None.
FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
12 PART 1102--APPRAISAL REGULATION
Subpart C--Rules Pertaining to the Privacy of Individuals and Systems of
Records Maintained by the Appraisal Subcommittee
Sec.
1102.100 Authority, purpose and scope.
1102.101 Definitions.
1102.102 Times, places and requirements for requests pertaining to
individual records in a record system and for the identification of
individuals making requests for access to records pertaining to
them.
1102.103 Disclosure of requested records.
1102.104 Special procedure: Medical records.
1102.105 Requests for amendment of records.
1102.106 Review of requests for amendment.
1102.107 Appeal of initial adverse agency determination regarding
access or amendment.
1102.108 General provisions.
1102.109 Fees.
1102.110 Penalties.
Subpart C--Rules Pertaining to the Privacy of Individuals and
Systems of Records Maintained by the Appraisal Subcommittee
Authority: 12 U.S.C. 552a.
Source:57 FR 36357, Aug. 13, 1992.
Sec. 1102.100 Authority, purpose and scope.
(a) This subpart is issued under the Privacy Act of 1974, Pub. L. 93-
579, 88 Stat. 1896; 12 U.S.C. 552a, as amended.
(b) The Privacy Act of 1974 is based, in part, on the finding by
Congress that ``in order to protect the privacy of individuals
identified in information systems maintained by Federal agencies, it is
necessary and proper for the Congress to regulate the collection,
maintenance, use, and dissemination of information by such agencies.''
To achieve this objective, the Act generally provides that Federal
agencies must advise an individual upon request whether records
maintained by the agency in a system of records pertain to the
individual and must grant the individual access to such records. The Act
further provides that individuals may request amendments to records
pertaining to them that are maintained by the agency, and that the
agency shall either grant the requested amendments or set forth fully
its reasons for refusing to do so.
(c) The Appraisal Subcommittee of the Federal Financial Institutions
Examination Council (ASC), pursuant to subsection (f) of the Privacy
Act, adopts the following rules and procedures to implement the
provisions of the Act summarized above and other provisions of the Act.
These rules and procedures are applicable to all requests for
information and access or amendment to records pertaining to an
individual that are contained in any system of records that is
maintained by the ASC.
Sec. 1102.101 Definitions.
The following definitions shall apply for purposes of this subpart:
(a) The terms individual, maintain, record, system of records, and
routine use are defined for purposes of these rules as they are defined
in 5 U.S.C. 552a(a)(2), (a)(3), (a)(4), (a)(5) and (a)(7).
(b) ASC or Subcommittee means the Appraisal Subcommittee of the
Federal Financial Institutions Examination Council.
(c) Privacy Act Officer means the ASC's Associate Director for
Administration or such other ASC staff officer, other than the Executive
Director, duly designated by the ASC's Executive Director.
Sec. 1102.102 Times, places and requirements for requests pertaining
to individual records in a record system and for the identification
of individuals making requests for access to records pertaining to
them.
(a) Place to make request. Any request by an individual to be advised
whether any system of records maintained by the ASC and named by the
individual contains a record pertaining to him or her, or any request by
an individual for access to a record pertaining to him or her that is
contained in a system of records maintained by the ASC, shall be
submitted in person at the ASC between 9 a.m. and 4:30 p.m., Monday
through Friday, which is located at 2100 Pennsylvania Avenue, NW, suite
200, Washington, DC 20037, or by mail addressed to: Privacy Act Officer,
ASC, 2100 Pennsylvania Avenue, NW, suite 200, Washington, DC 20037. All
requests will be required to be put in writing and signed by the
individual making the request. In the case of requests for access that
are made by mail, the envelope should be clearly marked ``Privacy Act
Request.''
(1) Information to be included in requests. Each request by an
individual concerning whether the ASC maintains in a system of records a
record that pertains to the individual, or for access to any record
pertaining to the individual that is maintained by the ASC in a system
of records, shall include such information as will assist the ASC in
identifying those records as to which the individual is seeking
information or access. Where practicable, the individual should identify
the system of records that is the subject of his or her request by
reference to the ASC's notices of systems of records, which are
published in the Federal Register, as required by section (e)(4) of the
Privacy Act, 5 U.S.C. 552a(e)(4). Where a system of records is compiled
on the basis of a specific identification scheme, the individual should
include in his or her request the identification number or other
identifier assigned to the individual. In the event the individual does
not know that number or identifier, the individual shall provide other
information, including his or her full name, address, date of birth and
subject matter of the record, to aid in processing his or her request.
If additional information is required before a request can be processed,
the individual shall be so advised.
(2) Verification of identity. When the fact of the existence of a
record is not required to be disclosed under the Freedom of Information
Act, 5 U.S.C. 552, as amended, or when a record as to which access has
been requested is not required to be disclosed under that Act, the
individual seeking the information or requesting access to the record
shall be required to verify his or her identity before access will be
granted or information given. For this purpose, individuals shall appear
at the ASC located at 2100 Pennsylvania Avenue, NW, suite 200,
Washington, DC, between 9 a.m. to 4:30 p.m., Monday through Friday. The
ASC's Office is not open on Saturdays, Sundays or Federal holidays.
(3) Methods for verifying identity--appearance in person. For the
purpose of verifying identity, an individual seeking information
regarding pertinent records or access to those records shall furnish
documentation that may reasonably be relied on to establish the
individual's identity. Such documentation might include a valid birth
certificate, driver's license, employee or military identification card,
and medicare card.
(4) Method for verifying identity--by mail. Where an individual cannot
appear at the ASC's Office for the purpose of verifying identity, the
individual shall submit, along with the request for information or
access, a signed and notarized statement attesting to his or her
identity. Where access is being sought, the sworn statement shall
include a representation that the records being sought pertain to the
individual and a stipulation that the individual is aware that knowingly
and willfully requesting or obtaining records pertaining to an
individual from the ASC under false pretenses is a criminal offense.
(5) Additional procedures for verifying identity. When it appears
appropriate to the Privacy Act Officer, other arrangements may be made
for the verification of identity as are reasonable under the
circumstances and appear to be effective to prevent unauthorized
disclosure of, or access to, individual records.
(b) Acknowledgement of requests for information pertaining to
individual records in a record system or for access to individual
records. (1) Except where an immediate acknowledgement is given for
requests made in person, the receipt of a request for information
pertaining to individual records in a record system will be acknowledged
within 10 days, excluding Saturdays, Sundays and Federal holidays.
Requests will be processed as promptly as possible and a response to
such requests will be given within 30 days (excluding Saturdays,
Sundays, and Federal holidays) unless, within the 30 day period and for
cause shown, the individual making the request is notified in writing
that a longer period is necessary.
Sec. 1102.103 Disclosure of requested records.
(a) Initial review. Requests by individuals for access to records
pertaining to them will be referred to the ASC's Privacy Act Officer,
who initially will determine whether access will be granted.
(b) Grant of request for access. (1) If it is determined that a
request for access to records pertaining to an individual will be
granted, the individual will be advised by mail that access will be
given at the ASC or a copy of the requested record will be provided by
mail if the individual shall so indicate. Where the individual requests
that copies of the record be mailed to or her or requests copies of a
record upon reviewing it at the ASC, the individual shall pay the cost
of making requested copies, as set forth in 1102.109 of this subpart.
(2) In granting access to an individual to a record pertaining to him
or her, the ASC staff shall take steps to prevent the unauthorized
disclosure of information pertaining to other individuals.
(c) Denial of request for access. If it is determined that access will
not be granted, the individual making the request will be notified of
that fact and given the reasons why access is being denied. The
individual also will be advised of his or her right to seek review by
the Executive Director of the initial decision to deny access, in
accordance with the procedures set forth in 1102.107 of this subpart.
(d) Time for acting on requests for access. Access to a record
pertaining to an individual normally will be granted or denied within 30
days (excluding Saturdays, Sundays, and Federal holidays) after the
receipt of the request for access, unless the individual making the
request is notified in writing within the 30 day period that, for good
cause shown, a longer time is required. In such cases, the individual
making the request shall be informed in writing of the difficulties
encountered and an indication shall be given as to when it is
anticipated that access may be granted or denied.
(e) Authorization to allow designated person to review and discuss
records pertaining to another individual. An individual, who is granted
access to records pertaining to him or her and who appears at the ASC
Office to review the records, may be accompanied by another person of
his or her choosing. Where the records as to which access has been
granted are not required to be disclosed under provisions of the Freedom
of Information Act, 5 U.S.C. 552, as amended, the individual requesting
the records, before being granted access, shall execute a written
statement, signed by him or her, specifically authorizing the latter
individual to review and discuss the records. If such authorization has
not been given as described, the person who has accompanied the
individual making the request will be excluded from any review or
discussion of the records.
(f) Exclusion for certain records. Nothing contained in these rules
shall allow an individual access to any information compiled in
reasonable anticipation of an administrative judicial or civil action or
proceeding.
Sec. 1102.104 Special procedure: Medical records.
(a) Statement of physician or mental health professional. When an
individual requests access to records pertaining to the individual that
include medical and/or psychological information, the ASC, if it deems
it necessary under the particular circumstances, may require the
individual to submit with the request a signed statement by the
individual's physician or a mental health professional indicating that,
in his or her opinion, disclosure of the requested records or
information directly to the individual will not have an adverse effect
on the individual.
(b) Designation of physician or mental health professional to receive
records. If the ASC believes, in good faith, that disclosure of medical
and/or psychological information, directly to an individual could have
an adverse effect on that individual, the individual may be asked to
designate in writing a physician or mental health professional to whom
the individual would like the records to be disclosed, and disclosure
that otherwise would be made to the individual will instead be made to
the designated physician or mental health professional.
Sec. 1102.105 Requests for amendment of records.
(a) Place to make requests. A request by an individual to amend
records pertaining to him or her may be made in person during normal
business hours at the ASC located at 2100 Pennsylvania Avenue, NW, Suite
200, Washington, DC, or by mail addressed to the Privacy Act Officer,
ASC, 2100 Pennsylvania Avenue, NW, suite 200, Washington, DC 20037.
(1) Information to be included in requests. Each request to amend an
ASC record shall reasonably describe the record sought to be amended.
Such description should include, for example, relevant names, dates and
subject matter to permit the record to be located among the records
maintained by the ASC. An individual who has requested that a record
pertaining to the individual be amended will be advised promptly if the
record cannot be located on the basis of the description given and that
further identifying information is necessary before the request can be
processed. An initial evaluation of a request presented in person will
be made immediately to ensure that the request is complete and to
indicate what, if any, additional information will be required.
Verification of the individual's identity as set forth in 1102.102(a)
(2), (3), (4) and (5) may also be required.
(2) Basis for amendment. An individual requesting an amendment to a
record pertaining to the individual shall specify the substance of the
amendment and set forth facts and provide such materials that would
support his or her contention that the record as maintained by the ASC
is not accurate, timely or complete, or that the record is not necessary
and relevant to accomplish a statutory purpose of the ASC as authorized
by law or by Executive Order of the President.
(b) Acknowledgement of requests for amendment. Receipt of a request to
amend a record pertaining to an individual normally will be acknowledged
in writing within 10 days after such request has been received,
excluding Saturdays, Sundays and Federal holidays. When a request to
amend is made in person, the individual making the request will be given
a written acknowledgement when the request is presented. The
acknowledgement will describe the request received and indicate when it
is anticipated that action will be taken on the request. No
acknowledgement will be sent when the request for amendment will be
reviewed, and an initial decision made, within the 10 day period after
such request has been received.
Sec. 1102.106 Review of requests for amendment.
(a) Initial review. As in the case of requests for access, requests by
individuals for amendment to records pertaining to them will be referred
to the ASC's Privacy Act Officer for an initial determination.
(b) Standards to be applied in reviewing requests. In reviewing
requests to amend records, the Privacy Act Officer will be guided by the
criteria set forth in 5 U.S.C. 552(e) (1) and (5), i.e., that records
maintained by the ASC shall contain only such information as is
necessary and relevant to accomplish a statutory purpose of the ASC as
required by statute or Executive Order of the President and that such
information also be accurate, timely, relevant and complete. These
criteria will be applied whether the request is to add material to a
record or to delete information from a record.
(c) Time for acting on requests. Initial review of a request by an
individual to amend a record shall be completed as promptly as is
reasonably possible and normally within 30 days (excluding Saturdays,
Sundays, and Federal holidays) from the date the request was received,
unless unusual circumstances preclude completion of review within that
time. If the anticipated completion date indicated in the
acknowledgement cannot be met, the individual requesting the amendment
will be advised in writing of the delay and the reasons therefor, and
also advised when action is expected to be completed.
(d) Grant of requests to amend records. If a request to amend a record
is granted in whole or in part, the Privacy Act Officer will:
(1) Advise the individual making the request in writing of the extent
to which it has been granted;
(2) Amend the record accordingly; and
(3) Where an accounting of disclosures of the record has been kept
pursuant to 5 U.S.C. 552a(c), advise all previous recipients of the
record of the fact that the record has been amended and the substance of
the amendment.
(e) Denial of requests to amend records. If an individual's request to
amend a record pertaining to him is denied in whole or in part, the
Privacy Act Officer will:
(1) Promptly advise the individual making the request in writing of
the extent to which the request has been denied;
(2) State the reasons for the denial of the request;
(3) Describe the procedures established by the ASC to obtain further
review within the ASC of the request to amend, including the name and
address of the person to whom the appeal is to be addressed; and
(4) Inform the individual that the Privacy Act Officer will provide
information and assistance to the individual in perfecting an appeal of
the initial decision.
Sec. 1102.107 Appeal of initial adverse agency determination
regarding access or amendment.
(a) Administrative review. Any person who has been notified pursuant
to 1102.103(c) that a request for access to records pertaining to him
or her has been denied in whole or in part, or pursuant to 1102.106(e)
of this subpart that a request for amendment has been denied in whole or
in part, or who has received no response to a request for access or to
amend within 30 days (excluding Saturdays, Sundays and Federal holidays)
after the request was received by the ASC's staff (or within such
extended period as may be permitted in accordance with 1102.103(d)
and 1102.106(c) of this subpart), may appeal the adverse determination
or failure to respond by applying for an order of the Executive Director
determining and directing that access to the record be granted or that
the record be amended in accordance with his or her request.
(1) The application shall be in writing and shall describe the record
in issue and set forth the proposed amendment and the reasons therefor.
(2) The application shall be delivered to the ASC, 2100 Pennsylvania
Avenue, NW, suite 200, Washington, DC, or by mail addressed to the
Privacy Act Officer, ASC, 2100 Pennsylvania Avenue, NW, suite 200,
Washington, DC 20037.
(3) The applicant may state such facts and cite such legal or other
authorities in support of the application.
(4) The Executive Director will make a determination with respect to
any appeal within 30 days after the receipt of such appeal (excluding
Saturdays, Sundays, and Federal holidays), unless for good cause shown,
the Executive Director shall extend that period. If such an extension is
made, the individual who is appealing shall be advised in writing of the
extension, the reasons therefor, and the anticipated date when the
appeal will be decided.
(5) In considering an appeal from a denial of a request to amend a
record, the Executive Director shall apply the same standards as set
forth in 1102.106(b).
(6) If the Executive Director concludes that access should be granted,
the Executive Director shall issue an order granting access and
instructing the Privacy Act Officer to comply with 1102.103(b).
(7) If the Executive Director concludes that the request to amend the
record should be granted in whole or in part, the Executive Director
shall issue an order granting the requested amendment in whole or in
part and instructing the Privacy Act Officer to comply with the
requirements of 1102.106(d) of this subpart, to the extent applicable.
(8) If the Executive Director affirms the initial decision denying
access, the Executive Director shall issue an order denying access and
advising the individual seeking access of:
(i) The order;
(ii) The reasons for denying access; and
(iii) The individual's right to obtain judicial review of the decision
pursuant to 5 U.S.C. 552a(g)(1)(B).
(9) If the Executive Director determines that the decision of the
Privacy Act Officer denying a request to amend a record should be
upheld, the Executive Director shall issue an order denying the request
and the individual shall be advised of:
(i) The order refusing to amend the record and the reasons therefor;
(ii) The individual's right to file a concise statement setting forth
his or her disagreement with the Executive Director's decision not to
amend the record;
(iii) The procedures for filing such a statement of disagreement with
the Executive Director;
(iv) The fact that any such statement of disagreement will be made
available to anyone to whom the record is disclosed, together with, if
the Executive Director deems it appropriate, a brief statement setting
forth the Executive Director's reasons for refusing to amend;
(v) The fact that prior recipients of the record in issue will be
provided with the statement of disagreement and the Executive Director's
statement, if any, to the extent that an accounting of such disclosures
has been maintained pursuant to 5 U.S.C. 552a(c); and
(vi) The individual's right to seek judicial review of the Executive
Director's refusal to amend, pursuant to 5 U.S.C. 552a(g)(1)(A).
(b) Statement of disagreement. As noted in paragraph (a)(9)(ii) of
this section, an individual may file with the Executive Director a
statement setting forth his or her disagreement with the Executive
Director's denial of his or her request to amend a record.
(1) Such statement of disagreement shall be delivered to the ASC, 2100
Pennsylvania Avenue, NW, Suite 200, Washington, DC 20037, within 30 days
after receipt by the individual of the Executive Director's order
denying the amendment, excluding Saturdays, Sundays and Federal
holidays. For good cause shown, this period can be extended for a
reasonable time.
(2) Such statement of disagreement shall concisely state the basis for
the individual's disagreement. Unduly lengthy or irrelevant materials
will be returned to the individual by the Executive Director for
appropriate revisions before they become a permanent part of the
individual's record.
(3) The record about which a statement of disagreement has been filed
will clearly note which part of the record is disputed and the Executive
Director will provide copies of the statement of disagreement and, if
the Executive Director deems it appropriate, provide a concise statement
of his or her reasons for refusing to amend the record, to persons or
other agencies to whom the record has been or will be disclosed.
Sec. 1102.108 General provisions.
(a) Extensions of time. Pursuant to 1102.103(b), 1102.104(d),
1102.109(c) and 1102.109(a)(4) of this subpart, the time within which a
request for information, access or amendment by an individual with
respect to records maintained by the ASC that pertain to him or her
normally would be processed may be extended for good cause shown or
because of unusual circumstances. As used in these rules, good cause and
unusual circumstances shall include, but only to the extent reasonably
necessary to the proper processing of a particular request:
(1) The need to search for and collect the requested records from
establishments that are separate from the ASC. Some records of the ASC
may be stored in Federal Records Centers in accordance with law--
including many of the documents that have been on file with the ASC for
more than 2 years--and cannot be made available promptly. Any person who
has requested for personal examination a record stored at the Federal
Records Center will be notified when the record will be made available.
(2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which may be demanded
in a single request. While every reasonable effort will be made to
comply fully with each request as promptly as possible on a first-come,
first-served basis, work done to search for, collect and appropriately
examine records in response to a request for a large number of records
will be contingent upon the availability of processing personnel in
accordance with an equitable allocation of time to all members of the
public who have requested or wish to request records.
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request, or among two or more components within
the ASC having substantial subject-matter interest herein.
(b) Effective date of action. Whenever it is provided in this subpart
that an acknowledgement or response to a request will be given by
specific times, deposit in the mails of such acknowledgement or response
by that time, addressed to the person making the request, will be deemed
full compliance.
(c) Records in use by a member of the ASC or its staff. Although every
effort will be made to make a record in use by a member of the ASC or
its staff available when requested, it may occasionally be necessary to
delay making such a record available when doing so at the time the
request is made would seriously interfere with the work of the ASC or
its staff.
(d) Missing or lost records. Any person who has requested a record or
a copy of a record pertaining to him or her will be notified if the
record sought cannot be found. If the person so requests, he or she will
be notified if the record subsequently is found.
(e) Oral requests; misdirected written requests--(1) Telephone and
other oral requests. Before responding to any request by an individual
for information concerning whether records maintained by the ASC in a
system of records pertain to the individual or to any request for access
to records by an individual, such request must be in writing and signed
by the individual making the request. The Executive Director will not
entertain any appeal from an alleged denial of failure to comply with an
oral request. Any person who has made an oral request for information or
access to records who believes that the request has been improperly
denied should resubmit the request in appropriate written form to obtain
proper consideration and, if need be, administrative review.
(2) Misdirected written requests. The ASC cannot assure that a timely
or satisfactory response will be given to written requests for
information, access or amendment by an individual with respect to
records pertaining to him or her that are directed to the ASC other than
in a manner prescribed in 1102.103(a), 1102.106(a), 1102.108(a)(2),
and 1102.110 of this subpart. Any staff member who receives a written
request for information, access or amendment should promptly forward the
request to the Privacy Act Officer. Misdirected requests for records
will be considered to have been received by the ASC only when they have
been actually received by the Privacy Act Officer in cases under
1102.108(a)(2). The Executive Director will not entertain any appeal
from an alleged denial or failure to comply with a misdirected request,
unless it is clearly shown that the request was in fact received by the
Privacy Act Officer.
Sec. 1102.109 Fees.
(a) There will be no charge assessed to the individual for the ASC's
expense involved in searching for or reviewing the record. Copies of the
ASC's records will be provided by a commercial copier at rates
established by a contract between the copier and the ASC or by the ASC
at the rates in 1101.4(b)(5)(ii) of 12 CFR part 1101.
(b) Waiver or reduction of fees. Whenever the Executive Director of
the ASC determines that good cause exists to grant a request for
reduction or waiver of fees for copying documents, he or she may reduce
or waive any such fees.
Sec. 1102.110 Penalties.
Title 18 U.S.C. 1001 makes it a criminal offense, subject to a maximum
fine of $10,000, or imprisonment for not more than 5 years or both, to
knowingly and willingly make or cause to be made any false or fraudulent
statements or representations in any matter within the jurisdiction of
any agency of the United States. 5 U.S.C. 552a(i) makes it a misdemeanor
punishable by a fine of not more than $5,000 for any person knowingly
and willfully to request or obtain any record concerning an individual
from the ASC under false pretenses. 5 U.S.C. 552a(i) (1) and (2) provide
criminal penalties for certain violations of the Privacy Act by officers
and employees of the ASC.