Sec.  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  Sec. 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  Sec. 0.556(c)(1) (i) through (iii).

   (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
   therefore;

   (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; and

   (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]