# COMAR Title 23 — Board of Public Works

## Subtitle 01 — General Regulations

### Chapter 05 — Correction or Amendment of Personal Records

**Authority:** State Government Article, §10-625, Annotated Code of Maryland

**Administrative History:** Effective date: September 5, 1988 (15:18 Md. R. 2153)

#### Regulation .01 General.

*COMAR 23.01.05.01*

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.

*COMAR 23.01.05.02*

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.

*COMAR 23.01.05.03*

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.

*COMAR 23.01.05.04*

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.

*COMAR 23.01.05.05*

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.

*COMAR 23.01.05.06*

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.

*COMAR 23.01.05.07*

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.

*COMAR 23.01.05.08*

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.

*COMAR 23.01.05.09*

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.