D.C. Mun. Regs. tit. 6, r. 6-B3120

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 6-B3120 - BASIS FOR DENIAL OF REQUEST FOR AMENDMENT

3120.1

The following criteria shall be considered by the custodian of the personnel records or his or her designee in reviewing initial requests for amendment of records:

(a) The sufficiency of the evidence submitted by the data subject.

(b) The factual accuracy of the information submitted and the information in the record.

(c) The relevancy, necessity, timeliness, and completeness of the information in light of the purpose for which it was collected.

(d) The degree of possibility that denial of the request could result in unfair determinations adverse to the data subject.

(e) The character of the record sought to be amended.

(f) The propriety and feasibility of complying with the specific means of amendment requested by the data subject.

(g) The possible involvement of the record in a judicial or quasi-judicial process.

3120.2

The person requesting amendment of the record has the burden of supplying information in support of the propriety and necessity of the amendment request. The decision on the request shall then be rendered based on a review of the data submitted.

3120.3

The custodian of the personnel records shall not be required to gather supporting evidence for the individual and may reserve the right to verify the evidence which the individual submits.

3120.4

Amendment of a record shall be denied upon a determination by the custodian of the personnel records or his or her designee that--

(a) The record is subject to an exemption under these regulations, and such exemption is claimed under section 3112 of this chapter;

(b) The information submitted by the data subject is not accurate, relevant, or of sufficient probative value;

(c) The amendment would violate an enacted statute or regulation;

(d) The individual refuses to provide information which is necessary to process the request to amend the record; or

(e) The record for which amendment is requested is a record presented in a judicial or quasi-judicial proceeding, or is reasonably expected to be used in a judicial or quasi-judicial proceeding, when such record may be germane to that proceeding.

D.C. Mun. Regs. tit. 6, r. 6-B3120

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