[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR20.23]

[Page 418]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 20_CRIMINAL JUSTICE INFORMATION SYSTEMS--Table of Contents
 
  Subpart B_State and Local Criminal History Record Information Systems
 
Sec. 20.23  Documentation: Approval by OJARS.

    Within 90 days of the receipt of the plan, OJARS shall approve or 
disapprove the adequacy of the provisions of the plan and certification. 
Evaluation of the plan by OJARS will be based upon whether the 
procedures set forth will accomplish the required objectives. The 
evaluation of the certification(s) will be based upon whether a good 
faith effort has been shown to initiate and/or further compliance with 
the plan and regulations. All procedures in the approved plan must be 
fully operational and implemented by March 1, 1978. A final 
certification shall be submitted on March 1, 1978.

Where a State finds it is unable to provide final certification that all 
required procedures as set forth in Sec. 20.21 will be operational by 
March 1, 1978, a further extension of the deadline will be granted by 
OJARS upon a showing that the State has made a good faith effort to 
implement these regulations to the maximum extent feasible. 
Documentation justifying the request for the extension including a 
proposed timetable for full compliance must be submitted to OJARS by 
March 1, 1978. Where a State submits a request for an extension, the 
implementation date will be extended an additional 90 days while OJARS 
reviews the documentation for approval or disapproval. To be approved, 
such revised schedule must be consistent with the timetable and 
procedures set out below:
    (a) July 31, 1978--Submission of certificate of compliance with:
    (1) Individual access, challenge, and review requirements;
    (2) Administrative security;
    (3) Physical security to the maximum extent feasible.
    (b) Thirty days after the end of a State's next legislative 
session--Submission to OJARS of a description of State policy on 
dissemination of criminal history record information.
    (c) Six months after the end of a State's legislative session--
Submission to OJARS of a brief and concise description of standards and 
operating procedures to be followed by all criminal justice agencies 
covered by OJARS regulations in complying with the State policy on 
dissemination.
    (d) Eighteen months after the end of a State's legislative session--
Submission to OJARS of a certificate attesting to the conduct of an 
audit of the State central repository and of a random number of other 
criminal justice agencies in compliance with OJARS regulations.

[41 FR 11715, Mar. 19, 1976, as amended at 42 FR 61596, Dec. 6, 1977]