Chapter 04. Correction of Personal Records
Regulation .01 Purpose.LinkCopy Citation
This chapter sets out procedures for requesting the correction of personal records under State Government Article, §10-625, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.
(2)
“Personal record” has the meaning stated in State Government Article, §10-624, Annotated Code of Maryland.
(3)
“Person in interest” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.
Regulation .03 Request Authorized.LinkCopy Citation
A person in interest may request the Department to correct inaccurate or incomplete information in any public record of the Department that the person in interest is authorized to inspect.
Regulation .04 Form and Contents of Request.LinkCopy Citation
A.
Form. The request shall be:
(1)
In writing; and
(2)
Filed with:
(a)
The custodian of the record; or
(b)
If the custodian is unknown to the person in interest, the Secretary.
B.
Contents. The request shall:
(1)
Contain the name, address, and telephone number of the person requesting the correction;
(2)
Identify the personal records sought to be corrected;
(3)
Specify the precise correction sought; and
(4)
State the reason for the correction.
Regulation .05 Return of Incomplete Request.LinkCopy Citation
If a request does not reasonably comply with Regulation .04 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, on completion, it may be refiled with the Department.
Regulation .06 Response to Request.LinkCopy Citation
A.
In General. Within 30 days after receiving a request that complies with Regulation .04 of this chapter, the custodian shall:
(1)
Make or refuse to make the requested correction; and
(2)
Notify the person in writing of the action taken.
B.
If Refused.
(1)
If the custodian refuses to make the requested correction, the notice shall inform the person of the reason for the refusal.
(2)
The notice shall specify whether the refusal is because:
(a)
The person is not a person in interest;
(b)
The records sought to be corrected are not personal records;
(c)
The records sought to be corrected are not of the type the person is authorized to inspect;
(d)
The records are correct as they stand; or
(e)
Of any other reason authorized by law.
Regulation .07 Statement of Disagreement.LinkCopy Citation
A.
In General. On receipt of a refusal under Regulation .06B of this chapter, the person in interest may submit to the custodian a concise statement of the reasons for:
(1)
The requested correction; and
(2)
The person's disagreement with the refusal to make the correction.
B.
Form of Statement.
(1)
The statement of disagreement may not exceed five pages.
(2)
The pages may not exceed 81/2" × 11" each.
(3)
Only one side of a page may be used for the statement.
Regulation .08 Information Provided Third Parties.LinkCopy Citation
When the Department discloses to a third party information about which a statement of disagreement has been filed in compliance with Regulation .07 of this chapter, a copy of the statement shall also be provided to that third party.
Regulation .09 Administrative Review.LinkCopy Citation
A.
Authorized. A person may seek administrative review of:
(1)
A denial of the person's request under this chapter to correct a record;
(2)
A denial of the person's right to submit a statement of disagreement; or
(3)
A failure to provide a copy of a statement of disagreement to a third party, as required by Regulation .08 of this chapter.
B.
Time for Requesting. A request for administrative review shall be filed within 30 days of the date the person first learns of the denial or failure in question.
C.
Proceedings. The administrative review shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02.
Chapter annotations
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)