(a) How made. Unless a record is exempt from corrections, an individual may request amendment or correction of a record concerning him/her by addressing his/her request to the chief immigration officer either in person or by mail, his/her identity to be established as provided in 41.0320(b) of this chapter. The request must indicate the particular record involved, the nature of the correction sought, and the justification for the correction or amendment. Requests made by mail should be addressed to the chief immigration officer and shall be clearly marked on the request and on the envelope “Privacy Correction Request”.

(b) Initial Determination. Within 15 working days of the receipt of the request, the office shall advise the individual that his/her record request has been received. If a record is to be amended or corrected, the office may so advise the individual but if correction is refused in whole or in part, it must be done by the chief immigration officer or a supervisor. If a correction is to be made, the individual shall be advised of his/her right to obtain a copy of the corrected record upon payment of the standard fee as established in 41.0322 of this chapter. If a correction or amendment is refused, in whole or in part, the individual shall be so advised, shall be given reasons for the refusal, and shall be advised of his/her right to appeal to the board in accordance with procedures set forth in this chapter.

(c) Notice of Correction or Disagreement. When a record has been corrected, the chief immigration officer shall, within 30 working days thereof, advise all prior recipients of the records whose identities can be determined pursuant to an accounting of the correction. Any dissemination of a record after the filing of a statement of disagreement shall be accompanied by a copy of that statement. Any statement of the office giving reasons for refusing to correct shall be included in the file.

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