13 AAC 68.200. Correcting criminal justice information

(a) To request a correction, modification, or addition under AS 12.62.170 (b) to criminal justice information maintained by the repository, a person must submit to the repository,

(1) on a form provided by the department, or in a format approved by the department,

(A) a description of the information believed to be inaccurate or incomplete, and the correction, modification, or addition requested;

(B) the mailing address and telephone number of the requester;

(C) if the information believed to be inaccurate or incomplete was or will be used to grant or deny a right or privilege,

(i) a description of the right or privilege;

(ii) the name, title, telephone number, and mailing address of the person responsible for granting or denying the right or privilege; and

(iii) if known, the date and time that the right or privilege was or will be granted or denied; and

(D) a signed statement attesting to the truth of the information submitted under this subsection, under penalty of unsworn falsification in violation of AS 11.56.210 ;

(2) documentation to support the requested correction, modification, or addition; and

(3) proof of identity of the requester.

(b) If the repository determines that it

(1) has sufficient information to make a determination, the repository shall, within the applicable time period set out in (d) of this section,

(A) notify the requester that the request is granted and, if the requester is the subject of the information, provide the requester, at no charge, with a copy of the criminal justice information to which a correction, modification, or addition is made; or

(B) issue a written denial of the request if the repository determines that the criminal justice information for which a correction, modification, or addition was requested is accurate and complete, and in that denial, shall notify the requester that requester may seek, under (c) of this section, a final administrative decision from the commissioner; or

(2) lacks sufficient information to grant or deny the request, and that

(A) the department is the agency responsible for maintaining the criminal justice information, the repository shall, within the applicable time period set out in (d) of this section, request additional information from the requester, and may not act on the request until the additional information is received; or

(B) another criminal justice agency is responsible for maintaining the criminal justice information, the repository shall, within the applicable time period set out in (d) of this section, forward the request to the head of that agency for a final administrative decision under AS 12.62.170 , and shall notify the requester that the request has been forwarded.

(c) Within 30 days after the repository issues a written denial under (b)(1)(B) of this section, the requester may submit the request to the commissioner for a final administrative decision. Within the applicable time period set out in (d) of this section, the commissioner will make a final administrative decision, in writing, to grant or deny the request. The commissioner may adopt the repository's denial as the final administrative decision.

(d) Unless the requester waives in writing the time for a response set out in this subsection, if the

(1) repository receives a request under (a) of this section, the repository shall respond to the request as described in (b) of this section within

(A) five working days after receiving a request that includes information described in (a)(1)(C) of this section; or

(B) 30 days after receiving a request that does not include information described in (a)(1)(C) of this section; and

(2) commissioner receives a timely request under (c) of this section for a final administrative decision, the commissioner will make that decision within

(A) five working days after receiving a request that includes information described in (a)(1)(C) of this section; or

(B) 30 days after receiving a request that does not include information described in (a)(1)(C) of this section.

(e) Failure of the repository or commissioner to respond to a request within the time limits set out in (d) of this section is a denial of the request.

(f) In this section, "working day" means a day other than Saturday, Sunday, or a state holiday.

History: Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Authority: AS 12.62.110

AS 12.62.170

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