Chapter 05. Correction or Amendment of Personal Records
Regulation .01 General.LinkCopy Citation
These regulations set out procedures 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.
In these regulations, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2)
“Board” means the Board of Public Works.
(3)
“Custodian” means a person employed by the Board of Public Works having personal custody and control of a public record of the office.
(4)
“Official custodian” means the Secretary to the Board of Public Works.
(5)
“Person in interest” means a person or governmental unit that is the subject of a public record or a designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.
(6)
“Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:
(a)
An address;
(b)
A description;
(c)
A finger or voice print;
(d)
A number; or
(e)
A picture.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request the Board to correct or amend any personal record pursuant to §10-625 of the Act.
Regulation .04 Contents of Request.LinkCopy Citation
The request shall be in writing and shall state the:
A.
Name, address, and phone number of the person making the request;
B.
Precise correction or amendment requested; and
C.
Reason the correction or amendment is sought.
Regulation .05 Filing The Request.LinkCopy Citation
A request for correction or amendment of a record shall be filed with the Board by addressing it to the custodian of the record. If the custodian is unknown, the request may be addressed to the official custodian.
Regulation .06 Return of Request.LinkCopy Citation
If a request does not reasonably comply with Regulation .04, of this chapter, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Board.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after receipt of a proper request for correction or amendment the custodian shall:
A.
Make the requested correction or amendment and inform the person in writing of the action;
B.
Inform the person in writing of:
(1)
The refusal to make the requested correction or amendment, and
(2)
The reason for the refusal; or
C.
Inform the person in writing that the record will not be amended or corrected as requested because:
(1)
The person is not a person in interest,
(2)
The record sought to be corrected or amended is not a personal record,
(3)
The person requesting the correction or amendment is not entitled to inspect the record under State Government Article, §§10-615—10-619, Annotated Code of Maryland, or
(4)
Any other reason that is authorized by law.
Regulation .08 Statement of Disagreement.LinkCopy Citation
A.
Right to File. If the Board refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for:
(1)
The requested correction or amendment; and
(2)
Disagreement with the refusal of the Board to make the correction or amendment.
B.
Requirements for Statements of Disagreement. The statement shall be filed on pages not exceeding 8-1/2 X 11 inches in size. Only one side of the page shall contain a statement. Not more than five pages will be accepted in connection with a single request for correction or amendment.
C.
Information Provided to Third Parties. When the Board discloses to a third party information from personal records about which a statement of disagreement has been filed, the Board shall furnish a copy of the statement to the third party.
Regulation .09 Administrative and Judicial Review.LinkCopy Citation
A.
A person may seek administrative and judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the person has been denied:
(1)
A request to change a personal record;
(2)
The right to file a statement of disagreement; or
(3)
The right to have a statement of disagreement forwarded to a third party pursuant to Regulation .08C.
B.
A request for administrative review of a decision of the Board to deny a request to change a personal record shall be filed within 30 days of the date of the decision.
Chapter annotations
Authority: State Government Article, §10-625, Annotated Code of Maryland
History: Effective date: September 5, 1988 (15:18 Md. R. 2153)