Chapter 04. Correction or Amendment of Personal Records
Regulation .01 General.LinkCopy Citation
These regulations set out procedures within the Northeast Maryland Waste Disposal Authority for persons in interest to request the correction or amendment of personal records under State Government Article, § 10-625, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
"Authority" means the Northeast Maryland Waste Disposal Authority.
B.
“Custodian” means and includes the official custodian or any authorized person employed by the Authority having personal custody and control of public records of the Authority.
C.
“Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Authority. Unless otherwise provided by law, the Executive Director of the Authority is the official custodian of the Authority's records.
D.
“Person in interest” means and includes the person who is the subject of a record or any representative designated by that person, except that if the subject of the record is under legal disability, the term “person in interest” shall mean and include the parent or duly appointed legal representative.
E.
“Personal records” means and includes any public record that contains information pertaining to a natural person whose identity can be ascertained from the public record with reasonable certainty either by name, address, number, description, finger or voice print, picture, or any other identifying factor or factors.
F.
“Third party” means any natural person, corporation, partnership, firm, association or governmental agency who is not a “person in interest.”
Regulation .03 Who May Request.LinkCopy Citation
A person in interest who has the right to inspect records pursuant to State Government Article, §§10-614—10-619, Annotated Code of Maryland, may request the Authority to correct or amend any personal records 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. 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 .05 Filing the Request.LinkCopy Citation
A request for correction or amendment of the records shall be filed with the Authority 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 Executive Director, Northeast Maryland Waste Disposal Authority, 131 East Redwood Street, Suite 503, Baltimore, Maryland 21202-1275.
Regulation .06 Return of Request.LinkCopy Citation
A request for correction or amendment will be considered filed with the Authority when received only to the extent that it reasonably complies with Regulation . 04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Authority.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the completed request for correction or amendment that complies with Regulations . 04 and .05 is received, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person in writing of the action;
B.
Inform the person in writing of the:
(1)
Authority's refusal to make the requested correction or amendment,
(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, §§10-614—10-619, Annotated Code of Maryland, or
(4)
Of any other reason that is authorized by law.
Regulation .08 Refusal of Request.LinkCopy Citation
If the Authority's final determination under Regulation . 07 is to refuse the requested correction and amendment, as authorized by Regulation .07B, the person in interest may file with the Authority a concise statement, not to exceed five 8 x 11 inch pages, of the reasons for:
A.
The requested correction or amendment; and
B.
Disagreement with the Authority's refusal to make the correction or amendment.
Regulation .09 Information Provided to Third Parties.LinkCopy Citation
When the Authority discloses to a third party information from personal records about which a statement in compliance with Regulation . 08 has been filed, the Authority shall furnish a copy of the statement to the third party.
Regulation .10 Administrative Review.LinkCopy Citation
A.
A person in interest may request an administrative review within the Authority by filing a request for review with the Executive Director 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 pursuant to Regulation .09.
B.
A request for review shall be filed within 30 days of the date the person in interest is advised of the Authority's action.
C.
The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
D.
This remedy of administrative review need not be exhausted before filing suit in a circuit court pursuant to State Government Article, §10-623, Annotated Code of Maryland.
Chapter annotations
Authority: Natural Resources Article, §§3-903(f), 3-905(b), 3-905(r), and 3-918, Annotated Code of Maryland
History: Effective date: October 8, 1984 (11:20 Md. R. 1743)