# COMAR Title 07 — Department of Human Services ## Subtitle 01 — Office of the Secretary ### Chapter 08 — Correction or Amendment of Personal Records **Authority:** State Government Article, §10-625, Annotated Code of Maryland. **Administrative History:** Effective date: January 9, 1989 (15:27 Md. R. 3127) **Administrative History:** Chapter revised effective June 28, 1999 (26:13 Md. R. 1018) **Administrative History:** Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735) #### Regulation .01 Purpose. *COMAR 07.01.08.01* 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. *COMAR 07.01.08.02* 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. *COMAR 07.01.08.03* 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. *COMAR 07.01.08.04* 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. *COMAR 07.01.08.05* 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. *COMAR 07.01.08.06* 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. *COMAR 07.01.08.07* 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. *COMAR 07.01.08.08* 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. *COMAR 07.01.08.09* 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.