# COMAR Title 26 — Department of the Environment

## Subtitle 01 — General Provisions

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

**Authority:** State Government Article, §10-613(b); Environment Article, §1-404; Annotated Code of Maryland

**Administrative History:** Effective date: April 8, 1985 (12:7 Md. R. 702)

**Administrative History:** Chapter recodified from COMAR 10.01.11 to COMAR 26.01.05

#### Regulation .01 General.

*COMAR 26.01.05.01*

These regulations set out procedures for persons in interest to request the correction or amendment of personal records in the Department of the Environment under State Government Article, §10-625, Annotated Code of Maryland.

#### Regulation .02 Who May Request.

*COMAR 26.01.05.02*

A person in interest as defined in State Government Article, §10-611(e) may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625.

#### Regulation .03 Contents of Request.

*COMAR 26.01.05.03*

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;

D. Include the statement that the personal records are, to the person's belief, currently inaccurate or incomplete.

#### Regulation .04 Filing the Request.

*COMAR 26.01.05.04*

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.

#### Regulation .05 Return of Request.

*COMAR 26.01.05.05*

A request for correction or amendment will be considered filed with the Department when received, 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 refiled with the Department.

#### Regulation .06 Response to Request.

*COMAR 26.01.05.06*

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:

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

B. Inform the person in writing of the:

  (1) Department's refusal to make the requested correction or amendment, and

  (2) Reason for the refusal; or

C. Inform the person in writing that the request will not be acted on because:

  (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; or

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

#### Regulation .07 Refusal of Request.

*COMAR 26.01.05.07*

If the Department's final determination under Regulation .06 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .06B of this chapter, the person in interest may file with the Department a concise statement of the reasons for:

A. The requested correction or amendment; and

B. Disagreement with the Department's refusal to make the correction or amendment.

#### Regulation .08 Requirements For Statement of Disagreement.

*COMAR 26.01.05.08*

The statement specified in Regulation .07 shall be filed on pages not exceeding 8-1/2 × 11 inches in size. Only one side of the page shall contain the statement. Not more than 5 pages will be accepted by the Department in connection with a single request for correction and amendment.

#### Regulation .09 Information Provided to Third Parties.

*COMAR 26.01.05.09*

When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.

#### Regulation .10 Administrative Review.

*COMAR 26.01.05.10*

A. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied:

  (1) An amendment or correction of a record;

  (2) The right to file a statement; or

  (3) The right to have a statement to a third party forwarded pursuant to Regulation .09 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, §10-201 et seq., Annotated Code of Maryland, and the administrative hearing regulations of the Department.