# COMAR Title 14 — Independent Agencies

## Subtitle 36 — Maryland Longitudinal Data System Center

### Chapter 02 — Corrections of Public Record

**Authority:** Education Article, §24-706; General Provisions Article, §4-502; Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Regulation .02B amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .05 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .06 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .07 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .08 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .09 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .10 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .11A, B amended effective October 14, 2024 (51:20 Md. R. 899)

#### Regulation .01 Scope.

*COMAR 14.36.02.01*

This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Maryland Longitudinal Data System Center.

#### Regulation .02 Definitions.

*COMAR 14.36.02.02*

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

B. Terms Defined.

  (1) “Center” means the Maryland Longitudinal Data System Center.

  (2) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

  (3) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

  (4) “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

  (5) “Public record” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

#### Regulation .03 Who May Request.

*COMAR 14.36.02.03*

A person in interest may request that the Center correct or amend any public record that:

A. The Center created and maintains; and

B. The person in interest is authorized to inspect.

#### Regulation .04 Contents of Request.

*COMAR 14.36.02.04*

A. A person in interest shall make a request to correct or amend a public record in writing.

B. The request shall:

  (1) Identify the public record to be corrected or amended;

  (2) State the precise correction or amendment requested;

  (3) State the reason for the correction or amendment; and

  (4) Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.

#### Regulation .05 Addressee.

*COMAR 14.36.02.05*

A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request shall be addressed to the [Executive Director] official custodian.

#### Regulation .06 Return of Nonconforming Request.

*COMAR 14.36.02.06*

A. The custodian shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.

B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the custodian shall return the request to the requestor with:

  (1) An explanation of the reason for the return; and

  (2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.

#### Regulation .07 Response to Request.

*COMAR 14.36.02.07*

Within 30 days after the custodian receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:

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

B. Inform the requester in writing that the custodian will not:

  (1) Make the requested correction or amendment, and the reason for the refusal; or

  (2) Act on the request because:

    (a) The requester is not a person in interest;

    (b) The requester is not authorized to inspect the record; or

    (c) Of any other reason authorized by law.

#### Regulation .08 Response to Refusal of Request — Statement of Disagreement.

*COMAR 14.36.02.08*

If the custodian refuses to make a requested correction or amendment, a person in interest may file with the Center a concise statement of the reasons for:

A. The requested correction or amendment; and

B. The person’s disagreement with the refusal of the custodian to make the correction or amendment.

#### Regulation .09 Requirements for Statement of Disagreement.

*COMAR 14.36.02.09*

The statement submitted under Regulation .08 of this chapter:

A. Shall be submitted electronically or by mail on single-sided 8-1/2 x 11 inch paper; and

B. May not exceed 2,000 words.

#### Regulation .10 Disclosure of Statement of Disagreement.

*COMAR 14.36.02.10*

If a requester files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the custodian shall provide a copy of the statement whenever the custodian discloses the public record to a third party.

#### Regulation .11 Administrative Review.

*COMAR 14.36.02.11*

A. A person may request administrative review under this regulation if the custodian:

  (1) Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;

  (2) Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or

  (3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.

B. A request for review shall be filed with the official custodian of the Center within 30 days after the requester is advised of the custodian’s action.

C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.