# COMAR Title 25 — Office of the State Treasurer

## Subtitle 01 — General Regulations

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

**Authority:** State Government Article, §§10-613 and 10-625, Annotated Code of Maryland

**Administrative History:** Effective date: October 17, 1988 (15:21 Md. R. 2470)

#### Regulation .01 Purpose.

*COMAR 25.01.05.01*

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 25.01.05.02*

A. In these regulations, the following terms have the meanings indicated unless otherwise apparent from the context.

B. Terms Defined.

  (1) “Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.

  (2) “Custodian” means a person employed by the Office and authorized to have physical custody and control of a public record of the Office.

  (3) “Office” means the Office of the State Treasurer.

  (4) “Official custodian” means the Treasurer or the Chief Deputy Treasurer.

  (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 25.01.05.03*

A person in interest may request the Office to correct or amend any personal record pursuant to State Government Article, §10-625.

#### Regulation .04 Contents of Request.

*COMAR 25.01.05.04*

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 25.01.05.05*

A request for correction or amendment of a record shall be filed with the Office 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 25.01.05.06*

If a request does not reasonably comply with Regulation .04, above, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Office.

#### Regulation .07 Response to Request.

*COMAR 25.01.05.07*

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 the:

  (1) Refusal to make the requested correction or amendment, and

  (2) Reason for the refusal; or

C. Inform the person in writing that the record may 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, or

  (4) Of any other reason that is authorized by law.

#### Regulation .08 Statement of Disagreement.

*COMAR 25.01.05.08*

A. Right to File. If the Office refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for the:

  (1) Requested correction or amendment; and

  (2) Disagreement with the refusal of the Office 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. More than five pages may not be accepted in connection with a request for correction or amendment.

C. Information Provided to Third Parties. When the Office discloses to a third party information from personal records about which a statement of disagreement has been filed, the Office shall furnish a copy of the statement to the third party.

#### Regulation .09 Administrative and Judicial Review.

*COMAR 25.01.05.09*

A. A person may seek administrative and judicial review in accordance with State Government Article, Title 10, Subtitle 2, 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, above.

B. A request for administrative review of a decision of the Office to deny a request to change a personal record shall be filed within 30 days of the date of the decision.