Cal. Code Regs. tit. 15 § 2086

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2086 - Amendment of Records
(a) General. This section shall not apply to contesting board hearing decisions or the record of board hearings. Decisions and records of hearings may only be contested as provided in Sections 2050-2056. This section shall not apply to contesting information originated or collected by agencies other than the board.
(b) Initial Request for Amendment. The subject of information maintained by the board may request an amendment of the information by submitting a written and dated request for amendment to the executive officer. The request for amendment shall include a statement of no more than two pages explaining which specific information is claimed to be erroneous and what the correct information is. The executive officer shall review the request and the record and within 30 days of the date of receipt of the request either amend the record or notify the person that the record will not be changed. Any refusal to amend shall include the reason for the refusal, the procedures for review of the refusal, and a statement that the chairman will review the case upon request.
(c) Chairman's Review. Within 30 days of the executive officer's refusal to amend a record, the person may request review by the chairman by submitting a request to the chairman. The chairman shall complete the second review and issue a final decision within 30 days of the date of receipt of the request for a second review.
(d) Statement of Disagreement. If the record is not changed the person may submit to the executive officer a statement of not more than three pages setting forth the reasons for disagreement with the information in the file. The executive officer shall ensure that the statement of disagreement and the board's reasons for refusing to amend the record are included with the contested information and accompany any subsequent disclosure of that information. If the board files do not contain originals of the contested information, the board shall retain a copy of the statement and forward the original to be retained with the original information.

Cal. Code Regs. Tit. 15, § 2086

1. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).

Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798- 1798.76, Civil Code.

1. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).