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<chapter num="04" heading="Online Access to Records of Shielded Peace and Protective Orders" title_num="01" subtitle_num="04">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Central Repository” means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Office” means the Governor’s Office of Crime Control and Prevention.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>“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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Eligibility.">
    <paragraph num="A.">
      <text>Organizations eligible to be victim services providers include:</text>
      <paragraph num="(1)">
        <text>State-designated domestic violence shelters;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Full service rape crisis centers; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>In determining eligibility under §B of this regulation, the Office shall consider any information it believes relevant, including the organization’s:</text>
      <paragraph num="(1)">
        <text>History of providing assistance to victims of domestic violence or sexual assault;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Experiences and current practices relating to the handling of confidential information;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Proffered reasons for online access; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Recommendations for online access from victim services providers or State agencies.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Authorization.">
    <paragraph num="A.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>Disclose fully its internal policies, procedures, and training practices relating to its employees’ and representatives’ handling of confidential information;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A certification is non-transferable to any other organization.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>An organization may seek administrative review of the determination under Regulation .06B of this chapter.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Online Access.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Suspension or Revocation of Authorization.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: January 19, 2015 (42:1 Md. R. 17)</annotation>
  </annotations>
</chapter>