[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2412.6]

[Page 360]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2412--PRIVACY--Table of Contents
 
Sec. 2412.6  Initial decision on access requests.

    (a) Within ten (10) working days of the receipt of a request 
pursuant to Sec. 2412.5, the appropriate Regional Director or the 
Director of Administration of the Authority, as appropriate, shall make 
an initial decision whether the requested records exist and whether they 
will be made available to the person requesting them. That initial 
decision shall immediately be communicated, in writing or other 
appropriate form, to the person who has made the request.
    (b) Where the initial decision is to provide access to the requested 
records, the above writing or other appropriate communication shall:
    (1) Briefly describe the records to be made available;
    (2) State whether any records maintained, in the system of records 
in question, about the individual making the request are not being made 
available;
    (3) State that the requested records will be available during 
ordinary office hours at the appropriate regional office or offices of 
the Authority, the General Counsel or the Panel, as appropriate; and
    (4) State whether any further verification of the identity of the 
requesting individual is necessary.
    (c) Where the initial decision is not to provide access to requested 
records, the appropriate Regional Director or the Director of 
Administration of the Authority, as appropriate, shall by writing or 
other appropriate communication explain the reason for that decision. 
The appropriate Regional Director or the Director of Administration of 
the Authority, as appropriate, shall only refuse to provide an 
individual access where:
    (1) There is inadequate verification of identity under 
Sec. 2412.5(d);
    (2) In fact no such records are maintained; or
    (3) The requested records have been compiled in a reasonable 
anticipation of civil or criminal action or proceedings.

[45 FR 3491, Jan. 17, 1980, as amended at 51 FR 33837, Sept. 23, 1986]