Chapter 02. Correction or Amendment of Public Records
Regulation .01 Scope.LinkCopy Citation
This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of the Attorney General.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.
(2)
“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.
(3)
“Office” means the Office of the Attorney General.
(4)
“Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.
(5)
“Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request that the Office correct or amend any public record that:
A.
The Office keeps; and
B.
The person in interest is authorized to inspect.
Regulation .04 Contents of Request.LinkCopy Citation
A.
A person in interest shall make a request to correct or amend a public record in writing.
B.
The request shall:
(1)
Identify the public record to be corrected or amended;
(2)
State the precise correction or amendment requested;
(3)
State the reason for the correction or amendment; and
(4)
Include a statement that, to the best of the requester's belief, the public record is inaccurate or incomplete.
Regulation .05 Addressee.LinkCopy Citation
A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Attorney General.
Regulation .06 Return of Nonconforming Request.LinkCopy Citation
A.
The Office shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.
B.
If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with:
(1)
An explanation of the reason for the return; and
(2)
A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:
A.
Make the requested correction or amendment, and inform the requester in writing of the action; or
B.
Inform the requester in writing that the Office will not:
(1)
Make the requested correction or amendment, and the reason for the refusal; or
(2)
Act on the request because:
(a)
The requester is not a person in interest;
(b)
The requester is not authorized to inspect the record; or
(c)
Of any other reason authorized by law.
Regulation .08 Response to Refusal of Request—Statement of Disagreement.LinkCopy Citation
If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise statement of the reasons for:
A.
The requested correction or amendment; and
B.
The person's disagreement with the refusal of the Office to make the correction or amendment.
Regulation .09 Requirements for Statement of Disagreement.LinkCopy Citation
The statement submitted under Regulation .08 of this chapter shall:
A.
Be on pages not larger than 8-1/2 × 11 inches;
B.
Use only one side of each page; and
C.
Consist of not more than five pages.
Regulation .10 Disclosure of Statement of Disagreement.LinkCopy Citation
If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party.
Regulation .11 Administrative Review.LinkCopy Citation
A.
A person may request administrative review under this regulation if the Office:
(1)
Has refused the person's request to correct or amend a public record under Regulation .07 of this chapter;
(2)
Has rejected the person's statement of disagreement under Regulation .08 of this chapter; or
(3)
Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.
B.
A request for review shall be filed with the Attorney General within 30 days after the requester is advised of the Office’s action.
C.
The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Chapter annotations
Authority: General Provisions Article, §4-502, Annotated Code of Maryland
History: Effective date: August 18, 2003 (30:16 Md. R. 1073)
History: Regulation .2B amended effective May 30, 2022 (49:11 Md. R. 609)
History: Regulation .11B amended effective May 30, 2022 (49:11 Md. R. 609)