PART 2705—PRIVACY ACT IMPLEMENTATION Authority: 5 U.S.C. 552a; Pub. L. 93-579. Source: 49 FR 38542, Oct. 1, 1984, unless otherwise noted. § 2705.1 Purpose and scope. The purposes of these regulations are to: (a) Establish a procedure by which an individual can determine if the Federal Mine Safety and Health Review Commission, hereafter the “Commission,” maintains a system of records which includes a record pertaining to the individual. This does not include Commission files generated in adversary proceedings under the Federal Mine Safety and Health Act; and (b) Establish a procedure by which an individual can gain access to a record pertaining to him or her for the purpose of review, amendment and/or correction. [49 FR 38542, Oct. 1, 1984, as amended at 71 FR 44210, Aug. 4, 2006] § 2705.2 Definitions. For the purpose of these regulations— (a) The term individual (b) The term maintain (c) The term record (d) The term system of records (e) The term routine use [49 FR 38542, Oct. 1, 1984, as amended at 71 FR 54905, Sept. 20, 2006] § 2705.3 Procedure for requests pertaining to individuals' records in a records system. An individual shall submit a request to the Executive Director to determine if a system of records named by the individual contains a record pertaining to the individual. If a record pertaining to the individual does exist in the specified system of records and the individual wishes to review that record he or she shall submit a request to the Executive Director of the Commission which states the individual's desire to review his or her record. § 2705.4 Times, places, and requirements for the identification of the individual making a request. An individual making a request to the Executive Director of the Commission pursuant to § 2705.3 shall present a written request at the Commission Office, 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710, on any business day between the hour of 8:30 a.m. and 5:00 p.m. The individual submitting the request should present himself or herself at the Commission's offices with a form of identification which will permit the Commission to verify that the individual is the same individual as contained in the record requested. [49 FR 38542, Oct. 1, 1984, as amended at 67 FR 60863, Sept. 27, 2002; 77 FR 48430, Aug. 14, 2012] § 2705.5 Access to requested information to the individual. As soon as practicable after verification of identity the Commission shall disclose to the individual the information contained in the record which pertains to that individual. § 2705.6 Request for correction or amendment to the record. The individual shall submit a written request to the Executive Director which states the individual's desire to correct or to amend his or her record and details the specific corrections or amendments sought. This request is to be made in accord with provisions of § 2705.4. § 2705.7 Agency review of request for correction or amendment of the record. Within ten working days of the receipt of the request to correct or to amend the record, the Executive Director will acknowledge in writing such receipt and promptly either— (a) Make any correction or amendment to that portion of the record which the individual believes is not accurate, relevant, timely, or complete; or (b) Inform the individual of the Executive Director's refusal to correct or to amend the record in accordance with the request, and the procedures established by the Commission for the individual to request a review of that refusal. § 2705.8 Appeal of an initial adverse Commission determination on correction or amendment of the record. An individual who disagrees with the refusal of the Executive Director to correct or to amend his or her record may submit a request for a review of such refusal to the Chairman, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710. The Chairman will, not later than thirty working days from the date on which the individual requests such review, complete such review and make final determination unless, for good cause shown, the Chairman extends such thirty-day period. If, after his or her review, the Chairman also refuses to correct or to amend the record in accordance with the request, the Individual may file with the Commission a concise statement setting forth the reasons for his or her disagreement with the refusal of the Commission and may seek judicial review of the Chairman's determination under 5 U.S.C. 552a(g)(1)(A). [49 FR 38542, Oct. 1, 1984, as amended at 67 FR 60863, Sept. 27, 2002; 77 FR 48430, Aug. 14, 2012] § 2705.9 Disclosure of record to a person other than the individual to whom the record pertains. The Commission will not disclose a record to any individual other than the individual to whom the record pertains without receiving the prior written consent of the individual to whom the record pertains, unless the disclosure has been listed as a “routine use” in the Commission's notices of its system of records, or falls within one of the special disclosure situations listed in the Privacy Act of 1974 (5 U.S.C. 552a(b)). § 2705.10 Fees. If an individual requests copies of his or her record, he or she will be charged a reasonable fee, excluding the cost of any search for review of the record, in advance of receipt of the pages.