Chapter 05. Correction or Amendment of Public Records
Regulation .01 Scope.LinkCopy Citation
This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of Administrative Hearings.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.
(2)
“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.
(3)
“Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland.
(4)
“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.
(5)
“Filed” means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.
(6)
“Office” means the Office of Administrative Hearings.
(7)
“Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.
(8)
“Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request that the Office correct or amend any public record that:
A.
The Office keeps; and
B.
The person in interest is authorized to inspect.
Regulation .04 Contents of Request.LinkCopy Citation
A.
A person in interest shall make a request to correct or amend a public record in writing.
B.
The request shall:
(1)
Identify the public record to be corrected or amended;
(2)
State the precise correction or amendment requested;
(3)
State the reason for the correction or amendment; and
(4)
Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.
Regulation .05 Addressee.LinkCopy Citation
Unless otherwise provided by law, requests to correct or amend a public record of the Office shall be addressed to the Deputy Director of Operations, who is the official custodian of the public records of the Office.
Regulation .06 Return of Nonconforming Request.LinkCopy Citation
A.
The Office shall accept a request to correct or amend a public record when received if it reasonably complies with Regulations .04 and .05 of this chapter.
B.
If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with:
(1)
An explanation of the reason for the return; and
(2)
A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:
A.
Make the requested correction or amendment, and inform the requester in writing of the action; or
B.
Inform the requester in writing that the Office will not:
(1)
Make the requested correction or amendment, and the reason for the refusal; or
(2)
Act on the request:
(a)
Because the requester is not a person in interest;
(b)
Because the requester is not authorized to inspect the record; or
(c)
For any other reason authorized by law.
Regulation .08 Statement of Disagreement.LinkCopy Citation
A.
If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise, written statement of disagreement.
B.
The statement of disagreement shall:
(1)
Be on pages not larger than 8-1/2 x 11 inches in size;
(2)
Use only one side of each page;
(3)
Consist of not more than five pages, double spaced, in 12-point font;
(4)
Explain the reason for the requested correction or amendment; and
(5)
Explain the basis for the disagreement with the stated reason for the Office’s refusal to make the correction or amendment.
Regulation .09 Providing Copy of Statement of Disagreement.LinkCopy Citation
If a person in interest files a statement of disagreement concerning a public record under Regulation .08 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party.
Regulation .10 Administrative Review.LinkCopy Citation
A.
A person may request administrative review under this regulation if the Office:
(1)
Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;
(2)
Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or
(3)
Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.
B.
A request for review shall be filed with the Chief ALJ within 30 days after the requester is advised of the Office’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 28.02.01.
Chapter annotations
Authority: General Provisions Article, §4-502; State Government Article, §9-1604; Annotated Code of Maryland
History: Effective date: September 16, 1991 (18:18 Md. R. 2009)
History: Regulation .11C amended as an emergency provision effective July 8, 1993 (20:15 Md. R. 1219); amended permanently effective January 7, 1994 (20:25 Md. R. 1950)
History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective April 11, 2016 (43:7 Md. R. 452)
History: Chapter revised effective January 10, 2020 (46:26 Md. R. 1168)