# COMAR Title 01 — Executive Department ## Subtitle 04 — Governor'S Office of Crime Prevention, Youth, and Victim Services ### Chapter 04 — Online Access to Records of Shielded Peace and Protective Orders **Authority:** Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland **Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 17) #### Regulation .01 Purpose. *COMAR 01.04.04.01* The purpose of the regulations set forth in this chapter is to set forth guidelines for the process by which a nonprofit or governmental organization shall be eligible and authorized to have online access to records of otherwise shielded peace orders and protective orders. #### Regulation .02 Definitions. *COMAR 01.04.04.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Central Repository” means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts. (2) “Office” means the Governor’s Office of Crime Control and Prevention. (3) “Organization” means a nonprofit or governmental entity or agency that may be authorized under this chapter to have online access to records of otherwise shielded peace orders or protective orders. (4) “Peace order” means either an interim peace order issued by a district court commissioner or a temporary or final peace order issued by a court under Courts and Judicial Proceedings Article, Title 3, Subtitle 15, Annotated Code of Maryland. (5) “Protective order” means either an interim protective order issued by a district court commissioner or a temporary or a final protective order issued by a court under Subtitle 5 of Title 4 of the Family Law Article, Annotated Code of Maryland. (6) “Victim services provider” means an organization that has been authorized by the Office to have online access to records of otherwise shielded peace orders or protective orders. #### Regulation .03 Eligibility. *COMAR 01.04.04.03* A. Organizations eligible to be victim services providers include: (1) State-designated domestic violence shelters; (2) Full service rape crisis centers; and (3) Maryland Legal Services Corporation grantees identified by the Maryland Network Against Domestic Violence or the Maryland Coalition Against Sexual Assault as entities that provide services to victims. B. An organization not otherwise eligible to be a victim services provider under §A of this regulation may be deemed by the Office, in the exercise of its discretion, to be eligible. C. In determining eligibility under §B of this regulation, the Office shall consider any information it believes relevant, including the organization’s: (1) History of providing assistance to victims of domestic violence or sexual assault; (2) Experiences and current practices relating to the handling of confidential information; (3) Proffered reasons for online access; and (4) Recommendations for online access from victim services providers or State agencies. #### Regulation .04 Authorization. *COMAR 01.04.04.04* A. An eligible organization seeking initial or continued online access to Central Repository records of peace orders and protective orders shall submit an application to the Office. The Office shall develop a form appropriate for this purpose, which at a minimum shall require the applicant to: (1) Disclose fully its internal policies, procedures, and training practices relating to its employees’ and representatives’ handling of confidential information; (2) Agree to advise the Office immediately whenever it becomes aware of any facts evidencing a misuse of online access by its employees or representatives; and (3) Agree to cooperate fully with the Office and the Administrative Office of the Courts whenever either agency seeks information relating to an alleged misuse of online access by the applicant’s employees or representatives. B. The Office shall review each application and determine whether it shall authorize the requested access. In making its authorization determination, the Office shall consider the materials submitted in support of the application, as well as any other relevant information, including that referenced in Regulation .03 of this chapter. C. If the Office determines that an applicant-organization shall be authorized to have online access to Central Repository records of peace orders and protective orders, the Office shall certify that organization as a victim services provider. The Office shall promptly notify the applicant-organization and the Administrative Office of the Courts of the certification. (1) Certification shall be effective upon the issuance of the notification to the applicant-organization and the Administrative Office of the Courts and, unless rescinded and revoked, shall remain in effect for 3 years from that date. (2) A certification is non-transferable to any other organization. D. If the Office determines that an applicant-organization shall not be authorized to have online access to records of peace orders and protective orders, the Office shall not certify that organization as a victim services provider. (1) The Office shall promptly notify such an applicant-organization and the Administrative Office of the Courts of its determination, and it shall include in its notification the basis for its decision. (2) An organization may seek administrative review of the determination under Regulation .06B of this chapter. #### Regulation .05 Online Access. *COMAR 01.04.04.05* A. Upon receipt of notification from the Office that an organization is a victim services provider, the Administrative Office of the Courts shall provide that organization with online access to otherwise shielded peace orders and protective orders. B. The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate. #### Regulation .06 Suspension or Revocation of Authorization. *COMAR 01.04.04.06* A. Should the Office become aware of any facts or circumstances evidencing either a victim services provider’s misuse of its online access or a victim services provider’s failure to cooperate with the Office or the Administrative Office of the Courts, the Office may take whatever action it deems necessary and appropriate, including suspending or revoking that organization’s authorization and certification. The Office shall immediately notify the Administrative Office of the Courts of any change to an organization’s status as a victim services provider. B. An organization that is denied authorization or whose authorization is suspended or revoked may seek reconsideration of that action by filing a request with the Office within 30 days of the Office’s action. No later than 45 days after its receipt of a request, the Office will advise the organization of its final determination. C. An organization whose authorization is revoked by the Office may reapply for authorization no earlier than 1 year from the date of revocation, unless the Office determines that a longer or shorter duration is appropriate, in which circumstance the different length of time set by the Office controls.