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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means any of the following administrations within the Department of Human Services: Social Services Administration; Family Investment Administration; or Child Support Administration. “Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record. “Department” means the Department of Human Services, its administrations, and the local departments. “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. “Official custodian” means the executive head of the Department, administration, or local department in which a record is located. “Person in interest” means: The person, governmental unit, or entity that is the subject of a public record; or The legal guardian of the person who is the subject of a public record. “Personal record” means a public record that identifies an individual by name, address, description, finger or voice print, picture, or other identifying factors. “Secretary” means the Secretary of Human Services. 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. The request shall be in writing and state the: Name, address, and telephone number of the requestor; Identity of the record the requestor is seeking to correct or amend; Precise correction or amendment requested; and Justification for the correction or amendment. 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. Within 30 days after receipt of a request for correction or amendment of personal records that: Complies with Regulations .04 and .05 of this chapter, the custodian shall: Make the requested correction or amendment and notify the requestor in writing; or Inform the requestor in writing that the record may not be amended or corrected as requested because: The requestor is not a person in interest, The record to be corrected or amended is not a personal record, The requestor is not entitled to inspect the records under State Government Article, §10-611 et seq., Annotated Code of Maryland, or Other reasons mandated by law; or Does not comply with Regulation .04 of this chapter, the custodian shall return the request to the requestor: With an explanation for the return; and Procedures for resubmitting the request. 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: Shall inform the third party in writing within 30 days of the correction or amendment to the personal record; or Does not need to notify the third party, if the custodian denies the request. 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: The requested correction or amendment; and Disagreement with the Department or local department's refusal to make the requested correction or amendment. 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. 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: A request to change a personal record; The right to file a statement of disagreement; or The right to have a statement of disagreement forwarded to a third party. 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. The administrative hearing shall be: Conducted by the Office of Administrative Hearings; and Governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. State Government Article, §10-625, Annotated Code of Maryland. Effective date: January 9, 1989 (15:27 Md. R. 3127) Chapter revised effective June 28, 1999 (26:13 Md. R. 1018) Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)