Chapter 06. Correction or Amendment of Personal Records
Regulation .01 General.LinkCopy Citation
These regulations set out procedures for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland, in the Maryland Department of Labor.
Regulation .02 Who May Request.LinkCopy Citation
A “person in interest” as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.
Regulation .03 Contents of Request.LinkCopy Citation
The person in interest shall request the correction or amendment in writing. Each request shall:
A.
Identify the personal records the person is seeking to correct or amend;
B.
State the precise correction or amendment requested;
C.
State the reason the correction or amendment is sought; and
D.
Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.
Regulation .04 Filing the Request.LinkCopy Citation
A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Secretary.
Regulation .05 Return of Request.LinkCopy Citation
A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03. If a request does not reasonably comply with Regulation .03, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with the Department.
Regulation .06 Response to Request.LinkCopy Citation
Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 is received, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person of the action; or
B.
Inform the person in writing of the:
(1)
Department's refusal to make the requested correction or amendment, and
(2)
Reason for the refusal; or
C.
Inform the person in writing that the request will not be acted on because:
(1)
The person is not a person in interest;
(2)
The records sought to be corrected or amended are not personal records;
(3)
The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-615—10-619, Annotated Code of Maryland; or
(4)
Of any other reason authorized by law.
Regulation .07 Refusal of Request.LinkCopy Citation
If the Department's final determination under Regulation .06 is to refuse the requested correction or amendment, as authorized by Regulation .06B, the person in interest may file with the Department a concise statement of the reasons for:
A.
The requested correction or amendment; and
B.
Disagreement with the Department's refusal to make the correction or amendment.
Regulation .08 Requirements for Statement of Disagreement.LinkCopy Citation
The statement specified in Regulation .07 shall be filed on pages not exceeding 8 x 11 inches in size. Only one side of the page shall contain the statement. More than five pages may not be accepted by the Department in connection with a single request for correction and amendment.
Regulation .09 Information Provided to Third Parties.LinkCopy Citation
When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 has been filed, the Department shall furnish a copy of the statement to the third party.
Regulation .10 Administrative Review.LinkCopy Citation
A.
A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied:
(1)
An amendment or correction of a record;
(2)
The right to file a statement; or
(3)
The right to have a statement to a third party forwarded pursuant to Regulation .09.
B.
A request for review shall be filed within 30 days of the date the person is advised of the Department's action.
C.
The review proceedings shall be conducted in accordance with State Government Article, §§10-204—10-214, Annotated Code of Maryland, and the administrative hearing regulations of the Department.
Chapter annotations
Authority: Business Regulation Article, §2-105; State Government Article, §10-613; Annotated Code of Maryland
History: Effective date: January 16, 1984 (11:1 Md. R. 42)