# COMAR Title 17 — Department of Budget and Management

## Subtitle 04 — Personnel Services and Benefits

### Chapter 12 — Correction or Amendment of Personal Records

**Authority:** State Government Article, §§10-624 and 10-625; State Personnel and Pensions Article, §4-106; Annotated Code of Maryland

**Administrative History:** Effective date: March 23, 1998 (25:6 Md. R. 491)

**Administrative History:** For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.

#### Regulation .01 General.

*COMAR 17.04.12.01*

This chapter establishes procedures for persons in interest to request correction or amendment of personal records in the Department of Budget and Management under State Government Article, §10-625, Annotated Code of Maryland.

#### Regulation .02 Who May Request.

*COMAR 17.04.12.02*

A person in interest, as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records in its custody, as defined in State Government Article, §10-624(a), Annotated Code of Maryland, pursuant to State Government Article, §10-625.

#### Regulation .03 Contents of Request.

*COMAR 17.04.12.03*

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 a statement that the personal records are, in the person's belief, currently inaccurate or incomplete.

#### Regulation .04 Filing the Request.

*COMAR 17.04.12.04*

A request for correction or amendment of the records shall be filed with the Department 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 Secretary. The request shall be filed within 30 days of the date the employee or former employee first knew or should have known of the allegedly inaccurate or incomplete information.

#### Regulation .05 Return of Request.

*COMAR 17.04.12.05*

A request for correction or amendment is considered filed with the Department only to the extent that it reasonably complies with Regulation .03 of this chapter. If a request does not reasonably comply with Regulation .03, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be filed with the Department.

#### Regulation .06 Response to Request.

*COMAR 17.04.12.06*

Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 of this chapter is received, the custodian of the record shall take one of the following actions:

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

B. Inform the person in writing of the Department's refusal to make the requested correction or amendment and the reason for the refusal; or

C. Inform the person in writing that the request will not be acted on for one of the following reasons:

  (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, §§10-615—10-619, Annotated Code of Maryland, or

  (4) Any other reason that is authorized by law.

#### Regulation .07 Refusal of Request and Statement of Disagreement.

*COMAR 17.04.12.07*

If the Department's final determination is to refuse the requested correction or amendment in accordance with Regulation .06 of this chapter, the person in interest may file with the Department a concise statement of disagreement with the Department's refusal. This statement of disagreement shall meet all of the following requirements:

A. The statement shall include the reasons for both of the following:

  (1) The requested correction or amendment, and

  (2) Disagreement with the Department's refusal to make the correction or amendment; and

B. The statement shall contain a maximum of five pages, with a maximum size of 8-1/2 x 11 inches, and only one side of each page shall be used.

#### Regulation .08 Information Provided to Third Parties.

*COMAR 17.04.12.08*

When the Department discloses to a third party information from personal records about which a statement of disagreement has been filed, the Department shall furnish a copy of the statement to the third party.

#### Regulation .09 Administrative Review.

*COMAR 17.04.12.09*

A. A person may file with the Department a request for an administrative review if the person has been denied any of the following:

  (1) An amendment or correction of a record;

  (2) The right to file a statement of disagreement; or

  (3) The right to have a statement forwarded to a third party under Regulation .08 of this chapter.

B. A request for review shall be filed within 30 days of the date the person 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 COMAR 17.04.07.