Chapter 06. Correction or Amendment of Public Records
Regulation .01 Scope.LinkCopy Citation
This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Maryland Department of Agriculture.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.
(2)
“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.
(3)
“Custodian has the meaning stated in General Provisions Article, §4-101 (d), Annotated Code of Maryland.
(4)
“Department” means the Department of Agriculture.
(5)
“Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.
(6)
“Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.
(7)
“Secretary” means the Secretary of Agriculture.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request that the Department correct or amend any public record that:
A.
The Department keeps; and
B.
The person in interest is authorized to inspect.
Regulation .04 Contents of Request.LinkCopy Citation
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.LinkCopy Citation
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 may be addressed to the Secretary.
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 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 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 reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the Department 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 Department 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 requestor is not authorized to inspect the record; or
(c)
Of any other reason authorized by law.
Regulation .08 Refusal of Request.LinkCopy Citation
If the Department refuses to make a requested correction or amendment, a person in interest may file with the Department a concise statement of the reasons for:
A.
The requested correction or amendment; and
B.
The person’s disagreement with the refusal of the Department to make the correction or amendment.
Regulation .09 Requirements for Statement of Disagreement.LinkCopy Citation
The statement submitted under Regulation .08 of this chapter shall:
A.
Be on pages no larger than 8.5 x 11 inches in size;
B.
Use only one side of each page; and
C.
Consist of no more than five pages.
Regulation .10 Provide Statement of Disagreement.LinkCopy Citation
If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party.
Regulation .11 Administrative Review.LinkCopy Citation
A.
person may request administrative review under this regulation if the Department:
(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 Secretary within 30 days after the requester is advised of the Department’s action.
C.
The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and the administrative hearing regulations of the Department.
Chapter annotations
Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
History: Effective date: February 27, 1984 (11:4 Md. R. 318)
History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)