---
kind: "section"
citation: "40 C.F.R. § 1850.39"
title: "40"
number: "1850.39"
heading: "Appeal of initial adverse agency determination on correction or amendment."
url: "https://uscodex.org/cfr/40/1850.39"
---

# §1850.39. Appeal of initial adverse agency determination on correction or amendment.

- (a) If a request for correction or amendment of a record in a system of records maintained by the Council is denied, the requester may appeal the determination in writing to the General Counsel at GeneralCounsel@restorethegulf.gov.
- (b) The General Counsel shall make a final determination with regard to an appeal submitted under [paragraph (a)](#a) of this section not later than 30 working days from the date on which the individual requests a review, unless for good cause shown, this 30-day period is extended and the requester is notified of the reasons for the extension and of the estimated date on which a final determination will be made. Such extensions will be used only in exceptional circumstances and will not normally exceed 30 working days.
- (c) In conducting the review of an appeal submitted under [paragraph (a)](#a) of this section, the General Counsel shall be guided by the requirements of [5 U.S.C. 552a(e)](/usc/5/552a.md?p=e).
- (d) If the General Counsel determines to grant all or any portion of a request on an appeal submitted under [paragraph (a)](#a) of this section, he or she shall so inform the requester, and the appropriate Council official shall comply with the procedures set forth in § [1850.38(a)(1)(ii)](/cfr/40/1850.38.md?p=a-1-ii) and [(iii)](/cfr/40/1850.38.md?p=a-1-iii).
- (e) If the General Counsel determines in accordance with paragraphs [(b)](#b) and [(c)](#c) of this section not to grant all or any portion of a request on an appeal submitted under [paragraph (a)](#a) of this section, he or she shall inform the requester:
  - (1) Of this determination and the reasons for it;
  - (2) Of the requester's right to file a concise statement of reasons for disagreement with the determination of the General Counsel;
  - (3) That such statements of disagreement will be made available to anyone to whom the record is subsequently disclosed, together with (if the General Counsel deems it appropriate) a brief statement summarizing the General Counsel's reasons for refusing to amend the record;
  - (4) That prior recipients of the disputed record will be provided with a copy of the statement of disagreement together with (if the General Counsel deems it appropriate) a brief statement of the General Counsel's reasons for refusing to amend the record, to the extent that an accounting of disclosure is maintained under [5 U.S.C. 552a(c)](/usc/5/552a.md?p=c); and
  - (5) Of the requester's right to file a civil action in Federal district court to seek a review of the determination of the General Counsel in accordance with [5 U.S.C. 552a(g)](/usc/5/552a.md?p=g).
- (f) The General Counsel shall ensure that any statements of disagreement submitted by a requester are made available or distributed in accordance with paragraphs [(e)(3)](#e-3) and [(4)](#e-4) of this section.

## Notes

### Authority

Authority: 33 U.S.C. 1321(t); 5 U.S.C. 552; 5 U.S.C. 552a.

### Source

Source: 80 FR 29451, May 22, 2015, unless otherwise noted.