# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 11 — Office of the Secretary

### Chapter 05 — Correction or Amendment of Personal Records

**Authority:** State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland

**Administrative History:** Effective date: August 13, 1984 (11:16 Md. R. 1393)

**Administrative History:** Chapter revised effective July 15, 1996 (23:14 Md. R. 1010)

**Administrative History:** Chapter revised effective October 11, 2004 (31:20 Md. R. 1485)

#### Regulation .01 Purpose.

*COMAR 12.11.05.01*

A. These regulations establish procedures for a person in interest to request the correction or amendment of a personal record maintained by the Department of Public Safety and Correctional Services.

B. These regulations do not apply to criminal history record information defined under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland.

C. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §§10-223—10-226, Annotated Code of Maryland, and COMAR 12.15.01.07.

#### Regulation .02 Definitions.

*COMAR 12.11.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Custodian” has the meaning stated in State Government Article, §10-611(c), Annotated Code of Maryland.

  (2) “Personal record” has the meaning stated in State Government Article, §10-624(a), Annotated Code of Maryland.

  (3) “Person in interest” has the meaning stated in State Government Article, §10-611(e), Annotated Code of Maryland.

  (4) “Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland.

#### Regulation .03 Requesting Correction or Amendment of a Personal Record.

*COMAR 12.11.05.03*

A person in interest requesting to correct or amend a personal record shall:

A. Make the request in writing;

B. Identify the personal record to be corrected or amended;

C. State the precise correction or amendment requested;

D. State the reason for the correction or amendment; and

E. Direct the request to:

  (1) The custodian of the record; or

  (2) If the custodian is unknown, the Executive Director of the Human Resources Division for the Department of Public Safety and Correctional Services.

#### Regulation .04 Response to a Request to Correct or Amend a Personal Record.

*COMAR 12.11.05.04*

Within 30 days of receipt of the request for correction or amendment, the custodian of the record shall:

A. Make the requested correction or amendment and inform the person in interest, in writing, of the action; or

B. Inform the person in interest, in writing, that the requested correction or amendment will not be acted on because:

  (1) The person making the request is not a person in interest;

  (2) The record to be corrected or amended is not a personal record;

  (3) The personal record requested to be corrected or amended is correct; or

  (4) Of any other reason that is authorized by law.

#### Regulation .05 Disagreement with Refusal to Correct or Amend a Personal Record.

*COMAR 12.11.05.05*

A. If the custodian refuses a requested correction or amendment of a personal record, the person in interest may file with the head of the agency that has authority over the personal record a concise statement of the reasons for disagreeing with the agency's refusal to make the correction or amendment.

B. The person in interest filing a statement under §A of this regulation shall:

  (1) File the statement in writing;

  (2) Submit the statement on one side of 81/2 x 11 inches paper; and

  (3) Limit the statement to a maximum of five pages.

C. If a custodian discloses, to a third party, information from a personal record related to a statement filed under §A of this regulation, the custodian shall provide the third party a copy of that statement.

#### Regulation .06 Administrative Review.

*COMAR 12.11.05.06*

A. A person in interest may request an administrative review by filing a written request with the Secretary of Public Safety and Correctional Services, if the person in interest 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 forwarded to a third party.

B. A request for review shall be filed within 30 days of the date the person in interest is advised of the agency's action.

C. The Secretary, or a designee, shall require that an administrative review under §A of this regulation be conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 12.11.04.