Chapter 08. Correction or Amendment of Personal Records
Regulation .01 Purpose.LinkCopy Citation
This chapter establishes procedures for a person in interest to request the correction or amendment of personal records in the Department of Human Services or the local department under State Government Article, §10-625, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means any of the following administrations within the Department of Human Services:
(a)
Social Services Administration;
(b)
Family Investment Administration; or
(c)
Child Support Administration.
(2)
“Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.
(3)
“Department” means the Department of Human Services, its administrations, and the local departments.
(4)
“Local department” means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.
(5)
“Official custodian” means the executive head of the Department, administration, or local department in which a record is located.
(6)
“Person in interest” means:
(a)
The person, governmental unit, or entity that is the subject of a public record; or
(b)
The legal guardian of the person who is the subject of a public record.
(7)
“Personal record” means a public record that identifies an individual by name, address, description, finger or voice print, picture, or other identifying factors.
(8)
“Secretary” means the Secretary of Human Services.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request the Department or a local department to correct or amend a personal record pursuant to State Government Article, §10-625, Annotated Code of Maryland.
Regulation .04 Procedures for Requesting Correction or Amendment of Personal Records.LinkCopy Citation
The request shall be in writing and state the:
A.
Name, address, and telephone number of the requestor;
B.
Identity of the record the requestor is seeking to correct or amend;
C.
Precise correction or amendment requested; and
D.
Justification for the correction or amendment.
Regulation .05 Filing the Request.LinkCopy Citation
A request to correct or amend a personal record of the Department or a local department shall be addressed to the custodian of the record.
Regulation .06 Procedures for Responding to a Request for Correction or Amendment of Personal Records.LinkCopy Citation
Within 30 days after receipt of a request for correction or amendment of personal records that:
A.
Complies with Regulations .04 and .05 of this chapter, the custodian shall:
(1)
Make the requested correction or amendment and notify the requestor in writing; or
(2)
Inform the requestor in writing that the record may not be amended or corrected as requested because:
(a)
The requestor is not a person in interest,
(b)
The record to be corrected or amended is not a personal record,
(c)
The requestor is not entitled to inspect the records under State Government Article, §10-611 et seq., Annotated Code of Maryland, or
(d)
Other reasons mandated by law; or
B.
Does not comply with Regulation .04 of this chapter, the custodian shall return the request to the requestor:
(1)
With an explanation for the return; and
(2)
Procedures for resubmitting the request.
Regulation .07 Notification to Third Party.LinkCopy Citation
If the custodian previously disclosed information from a personal record to a third party and receives a request for correction or amendment to the personal record, the custodian:
A.
Shall inform the third party in writing within 30 days of the correction or amendment to the personal record; or
B.
Does not need to notify the third party, if the custodian denies the request.
Regulation .08 Statement of Disagreement.LinkCopy Citation
A.
If the Department or local department finally refuses a request to make a correction or amendment pursuant to Regulation .06, the person in interest may submit to the Department or local department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:
(1)
The requested correction or amendment; and
(2)
Disagreement with the Department or local department's refusal to make the requested correction or amendment.
B.
The Department or local department which discloses to a third party information from a personal record about which a statement of disagreement has been filed, shall furnish a copy of the statement to the third party.
Regulation .09 Administrative Review.LinkCopy Citation
A.
A requestor may seek an administrative review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the requestor has been denied:
(1)
A request to change a personal record;
(2)
The right to file a statement of disagreement; or
(3)
The right to have a statement of disagreement forwarded to a third party.
B.
An individual shall file a request for administrative review within 30 days of the date of the custodian's decision to deny a request to change a personal record.
C.
The administrative hearing shall be:
(1)
Conducted by the Office of Administrative Hearings; and
(2)
Governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Chapter annotations
Authority: State Government Article, §10-625, Annotated Code of Maryland.
History: Effective date: January 9, 1989 (15:27 Md. R. 3127)
History: Chapter revised effective June 28, 1999 (26:13 Md. R. 1018)
History: Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)