SECTION 1.99. Correction Procedure

(a) The program or division within the agency that is the custodian of the target information shall provide an acknowledgement of receipt of the correction request to the requestor within 10 days from the receipt of the request.

(b) The program or division with custody and control of the information shall review the information identified by the individual as incorrect and the proof that the requestor has provided, and determine whether the information in the agency's record should be corrected.

(1) If the agency determines that the information is incorrect in an electronic record or form, an individual with authority to access the information shall enter the correction into the record by electronic media, at or near the place where the incorrect information appears with the date, and reason for the correction, by whom the correction was requested, and by whom the correction was made.

(2) If the agency determines that the information is incorrect in a paper record or form, an individual with authority to access the information shall insert the information as submitted by the individual requesting the correction, along with an entry of the date, and the name of the individual inserting the correction.

(3) If the agency determines that the information is correct, no correction shall be made to the information.

(c) The program or division that is the custodian of the target information shall notify the individual of its determination and, if the information was corrected, shall provide the requestor with a copy of the corrected information.

(d) The agency shall not charge or bill a requestor for correction of an incorrect record.

(e) The agency shall not alter or destroy an original agency record or document in its possession except as required or authorized by law.

Source Note: The provisions of this §1.99 adopted to be effective February 26, 2004, 29 TexReg 1658