# COMAR Title 29 — Department of State Police ## Subtitle 01 — Office of the Secretary ### Chapter 03 — Correction or Amendment of Personal Records **Authority:** State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland **Administrative History:** Effective date: February 24, 1997 (24:4 Md. R. 295) #### Regulation .01 General. *COMAR 29.01.03.01* A. This chapter sets out procedures to implement State Government Article, §10-625, Annotated Code of Maryland, for persons in interest to request the correction or amendment of personal records in the Department of State Police. B. This chapter does not apply to criminal history record information as defined in Criminal Procedure Article, §10-201, Annotated Code of Maryland. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §10-224, Annotated Code of Maryland. #### Regulation .02 Who May Request. *COMAR 29.01.03.02* A “person in interest” as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland. #### Regulation .03 Contents of Request. *COMAR 29.01.03.03* 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; and D. Include a statement that the personal records are to the person's belief currently inaccurate or incomplete. #### Regulation .04 Filing the Request. *COMAR 29.01.03.04* 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 Office of the Secretary, Department of State Police, 1201 Reisterstown Road, Pikesville, Maryland 21208-3899. #### Regulation .05 Return of Request. *COMAR 29.01.03.05* A request for correction or amendment is 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 of this chapter, 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 29.01.03.06* 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 in writing of the action; B. Inform the person in writing of: (1) The Department's refusal to make the requested correction or amendment, and (2) The 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—10-617, Annotated Code of Maryland, or (4) Of any other reason that is authorized by law. #### Regulation .07 Refusal of Request. *COMAR 29.01.03.07* 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 29.01.03.08* The statement specified in Regulation .07 of this chapter shall be filed on pages not exceeding 8-1/2 x 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 29.01.03.09* 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 29.01.03.10* 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, Title 10, Subtitle 2, Annotated Code of Maryland, and the administrative hearing regulations of the Department outlined in COMAR 29.01.01.