Chapter 11. Correction or Amendment of Public Records
Regulation .01 General.LinkCopy Citation
These regulations set out procedures for persons in interest who are authorized to inspect a public record to request the correction or amendment of that public record in the Maryland Department of Health 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)
“Department” means the Maryland Department of Health.
(2)
“Person in interest” means:
(a)
A person or governmental unit that is the subject of a public record, or a designee of the person or governmental unit;
(b)
If the person has a legal disability, the parent or legal representative of that person; or
(c)
As to requests for correction of certificates of death under Health-General Article, §5-310(d)(2), Annotated Code of Maryland, the spouse, adult child, parent, adult sibling, grandparent, or guardian of the person of the deceased at the time of the deceased's death.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request the Department to correct or amend any public record that the person in interest is authorized to inspect pursuant to State Government Article, §10-625, Annotated Code of Maryland.
Regulation .04 Contents of Request.LinkCopy Citation
The person in interest shall request the correction or amendment in writing. The request shall:
A.
Identify the public record 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 record is, to the person's belief, currently inaccurate or incomplete.
Regulation .05 Filing the Request.LinkCopy Citation
A person shall file a request for correction or amendment of the record with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the person may address the request to the Secretary of Health.
Regulation .06 Return of Nonconforming Request.LinkCopy Citation
A.
The Department shall accept a request to correct or amend a public record when it is received if it complies with Regulations .04 and .05 of this chapter.
B.
If the request does not comply with Regulations .04 and .05 of this chapter, the Department 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 complies with Regulations .04 and .05 of this chapter, the request will be accepted and considered.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the request for correction or amendment is received, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person of the action;
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 record sought to be corrected or amended is not a public record;
(3)
The person requesting the correction or amendment is not entitled to inspect the record under State Government Article, §§10-615—10-619, Annotated Code of Maryland;
(4)
The record in which the change is requested is not in the Department's custody; or
(5)
Of any other reason that is authorized by law.
Regulation .08 Refusal of Request.LinkCopy Citation
If the Department's response under Regulation .07 of this chapter, is to refuse the requested correction or amendment, the person in interest may file with the Department a concise statement of the person's reasons for:
A.
The requested correction or amendment; and
B.
Disagreement with the Department's refusal to make the correction or amendment.
Regulation .09 Requirements for Statement of Disagreement.LinkCopy Citation
A person who desires to file the statement of disagreement specified in Regulation .08 of this chapter shall file the statement in not more than five, one-sided, 8-1/2 by 11 inch pages.
Regulation .10 Information Provided to Third Parties.LinkCopy Citation
When the Department discloses to a third party information from a public record about which a statement in compliance with Regulations .08 and .09 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.
Regulation .11 Administrative Review.LinkCopy Citation
A.
A person may request a hearing by filing a request for a hearing with the custodian of the record, if the person has been denied:
(1)
An amendment or correction of a record;
(2)
The right to file a statement of disagreement; or
(3)
The right to have a statement to a third party forwarded pursuant to Regulation .10 of this chapter.
B.
A person shall file the request for a hearing within 30 days of the date of the denial pursuant to §A of this regulation.
C.
The custodian of the record shall file immediately the request for a hearing with the Office of Administrative Hearings, which shall conduct the hearing.
D.
The Office of Administrative Hearings shall conduct hearing proceedings in accordance with State Government Article, §10-201 et seq., Annotated Code of Maryland, and the administrative hearing regulations of the Department and the Office of Administrative Hearings.
Regulation .12 Judicial Review.LinkCopy Citation
A person who is aggrieved by the final decision following all administrative review, including the final decision of the Secretary and the decision of the Board of Review, may file for judicial review under State Government Article, §10-222, Annotated Code of Maryland, by filing a petition in the appropriate circuit court.
Chapter annotations
Authority: Health-General Article, §2-104(b); State Government Article, §§10-613(b) and 10-625; Annotated Code of Maryland
History: Effective date: April 8, 1985 (12:7 Md. R. 702)
History: Regulation .02 amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .06C amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .10A amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .11 adopted effective January 23, 1989 (16:1 Md. R. 69)
History: Chapter revised effective December 20, 1993 (20:25 Md. R. 1946)
History: Chapter revised effective August 18, 2014 (41:16 Md. R. 946)