Appendix L to Subpart C of Part 1 - Office of Thrift Supervision
31:1.1.1.1.2.3.1.17.21 : Appendix L
Appendix L to Subpart C of Part 1 - Office of Thrift Supervision
1. In general. This appendix applies to the Office of
Thrift Supervision. It sets forth specific notification and access
procedures with respect to particular systems of records, and
identifies the officers designated to make the initial
determinations with respect to notification and access to records,
the officers designated to make the initial and appellate
determinations with respect to requests for amendment of records,
the officers designated to grant extensions of time on appeal, the
officers with whom “Statement of Disagreement” may be filed, the
officer designated to receive services of process and the addresses
for delivery of requests, appeals, and service of process. In
addition, it references the notice of systems of records and
notices of the routine uses of the information in the system
required by 5 U.S.C. 552a(e) (4) and (11) and published biennially
by the Office of the Federal Register in “Privacy Act
Issuances.”
2. Requests for notification and access to records and
accounting of disclosures. Initial determinations under 31 CFR
1.26, whether to grant requests for notification and access to
records and accountings of disclosures for the Office of Thrift
Supervision, will be made by the head of the organizational unit
having immediate custody of the records requested, or the delegate
of such official. This information is contained in the appropriate
system notice in the “Privacy Act Issuances,” published biennially
by the Office of the Federal Register. Requests for information and
specific guidance on where to send requests for records should be
addressed to: Privacy Act Request, Chief, Disclosure Branch,
Information Services Division, Office of Thrift Supervision, 1700 G
Street, NW., Washington, DC 20552.
Requests may be delivered in person to: Office of Thrift
Supervision, Information Services Division, 1700 G Street, NW.,
Washington, DC.
3. Requests for amendments of records. Initial
determinations under 31 CFR 1.27 (a) through (d) with respect to
requests to amend records maintained by the Office of Thrift
Supervision will be made by the head of the organization or unit
having immediate custody of the records or the delegates of such
official. Requests for amendment of records should be addressed as
indicated in the appropriate system notice in “Privacy Act
Issuances” published by the Office of the Federal Register.
Requests for information and specific guidance on where to send
these requests should be addressed to: Privacy Act Amendment
Request, Chief, Disclosure Branch, Information Services Division,
Office of Thrift Supervision, 1700 G Street, NW., Washington, DC
20552.
Privacy Act Amendment Requests may be delivered in person to:
Office of Thrift Supervision, Information Services Division, 1700 G
Street, NW., Washington, DC.
4. Administrative appeal of initial determination refusing to
amend record. Appellate determination under 31 CFR 1.27(e) with
respect to records of the Office of Thrift Supervision, including
extensions of time on appeal, will be made by the Director, Public
Affairs, Office of Thrift Supervision, or the delegate of such
official, as limited by 5 U.S.C. 552a(d) (2) and (3). Appeals made
by mail should be addressed as indicated in the letter of initial
decision or to: Privacy Act Amendment Request, Chief, Disclosure
Branch, Information Services Division, Office of Thrift
Supervision, 1700 G Street, NW., Washington, DC 20552.
Appeals may be delivered in person to: Office of Thrift
Supervision, Information Services Division, 1700 G Street, NW.,
Washington, DC.
5. Statements of Disagreement. “Statements of
Disagreement” as described in 31 CFR 1.27(e)(4) shall be filed with
the official signing the notification of refusal to amend at the
address indicated in the letter of notification within 35 days of
the date of notification and should be limited to one page.
6. Service of process. Service of process will be
received by the Corporate Secretary of the Office of Thrift
Supervision or the delegate of such official and shall be delivered
to the following location: Corporate Secretary, Office of Thrift
Supervision, 1700 G Street, NW., Washington, DC 20552.
7. Annual notice of systems of record. The annual notice
of systems of records required to be published by the Office of the
Federal Register is included in the publication entitled “Privacy
Act Issuances,” as specified in 5 U.S.C. 552a(f). Any specific
requirements for access, including identification requirements, in
addition to the requirements set forth in 31 CFR 1.26 and 1.27 and
(8) below, and locations for access are indicated in the notice for
the pertinent system.
8. Verification of identity. An individual seeking
notification or access to records, or seeking to amend a record,
must satisfy one of the following identification requirements
before action will be taken by the Office of Thrift Supervision on
any such request:
(i) An individual seeking notification or access to records in
person, or seeking to amend a record in person, may establish
identity by the presentation of a single official document bearing
a photograph (such as a passport or identification badge) or by the
presentation of two items of identification which do not bear a
photograph but do bear both a name and signature (such as a
driver's license or credit card).
(ii) An individual seeking notification or access to records by
mail, or seeking to amend a record by mail, may establish identity
by a signature, address, and one other identifier such as a
photocopy of a driver's license or other official document bearing
the individual's signature.
(iii) Notwithstanding subdivisions (i) and (ii) of this
subparagraph, an individual seeking notification or access to
records by mail or in person, or seeking to amend a record by mail
or in person, who so desires, may establish identity by providing a
notarized statement, swearing or affirming to such individual's
identity and to the fact that the individual understands the
penalties provided in 5 U.S.C. 552a(i)(3) for requesting or
obtaining access to records under false pretenses. Alternatively,
an individual may provide a statement that the individual
understands the penalties provided in 5 U.S.C. 552a(i)(3) for
requesting or obtaining access to records under false pretenses
which is subscribed by the individual as true and correct under
penalty of perjury pursuant to 28 U.S.C. 1746. Notwithstanding
subdivision (i), (ii), or (iii) of this subparagraph, a designated
official may require additional proof of an individual's identity
before action will be taken on any request, if such official
determines that it is necessary to protect against unauthorized
disclosure of information in a particular case. In addition, a
parent of any minor or a legal guardian of any individual will be
required to provide adequate proof of legal relationship before
such person may act on behalf of such minor or such individual.
[60 FR 31633, June 16, 1995. Redesignated at 65 FR 2334, Jan. 14,
2000]