41.0320 Access by individuals to records maintained about them.

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(a) Access to Available Records. An individual seeking records about him/herself shall present the request in person or in writing to the chief immigration officer. The person requesting information shall to the extent possible assist in identifying the request as precisely as possible to insure expeditious handling and rapid identification.

(b) Verification of Identity. The following standards are applicable to any individual who requests records concerning him/herself unless other provisions for identity verification are specified in the published notice pertaining to the particular system of records:

(1) An individual seeking access to records about him/herself in person shall establish identity by the presentation “of a single document bearing a photograph (such as a passport, alien registration receipt card or identification) or by the presentation of two items of identification which do not bear a photograph but do bear both a name and address (such as a driver’s license, or credit card).

(2) An individual seeking access to records about him/herself by mail shall establish identity by a signature, address, date of birth, place of birth, alien or employee identification, if any, and one other identifier such as a photocopy of an identifying document.

(3) An individual seeking access to records about him/herself by mail or in person who cannot provide the necessary documentation of identification may provide a notarized statement swearing or affirming to his/her identity and to the fact that he/she understands the penalty for false statement pursuant to 41.070 1 ASCA. See also 41.0702, 41.0703, 41.0704 and 41.0313 ASCA.

(c) Verification of Guardianship. The parent or guardian of a child or of a person judicially determined to be incompetent and seeking to act on behalf of such child or incompetent, shall, in addition to establishing his/her own identity, establish the identity of the child or other person he/she represents as required in subsection (b) of this” section, and establish his/her own parentage or guardianship of the subject of the record by furnishing either a copy of a birth certificate showing parentage or a court order establishing a guardianship.

(d) Accompanying Persons. An individual seeking to review records pertaining to him/herself may be accompanied by another individual of his/her own choosing. Both the individual seeking access and the individual accompanying him/her shall be required to sign a form indicating that the office is authorized to discuss the contents of the subject record in the presence of both individuals.

(e) Specification of Records Sought. Request for access to records, either in person or by mail shall describe the nature of the records sought, the approximate dates covered by the record, and the identity of any individual or officers who may have had contact with this record.

History: Rule 3-86, eff 7 Dec 86.