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<chapter num="03" heading="Correction or Amendment of Personal Records" title_num="29" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="General.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Who May Request.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Contents of Request.">
    <text>The person in interest shall request the correction or amendment in writing. Each request shall:</text>
    <paragraph num="A.">
      <text>Identify the personal records the person is seeking to correct or amend;</text>
    </paragraph>
    <paragraph num="B.">
      <text>State the precise correction or amendment requested;</text>
    </paragraph>
    <paragraph num="C.">
      <text>State the reason the correction or amendment is sought; and</text>
    </paragraph>
    <paragraph num="D.">
      <text>Include a statement that the personal records are to the person's belief currently inaccurate or incomplete.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Filing the Request.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Return of Request.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Response to Request.">
    <text>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:</text>
    <paragraph num="A.">
      <text>Make the requested correction or amendment and inform the person in writing of the action;</text>
    </paragraph>
    <paragraph num="B.">
      <text>Inform the person in writing of:</text>
      <paragraph num="(1)">
        <text>The Department's refusal to make the requested correction or amendment, and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The reason for the refusal; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Inform the person in writing that the request will not be acted on because:</text>
      <paragraph num="(1)">
        <text>The person is not a person in interest,</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The records sought to be corrected or amended are not personal records,</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Of any other reason that is authorized by law.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Refusal of Request.">
    <text>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:</text>
    <paragraph num="A.">
      <text>The requested correction or amendment; and</text>
    </paragraph>
    <paragraph num="B.">
      <text>Disagreement with the Department's refusal to make the correction or amendment.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".08" heading="Requirements for Statement of Disagreement.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".09" heading="Information Provided to Third Parties.">
    <text>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.</text>
  </regulation>
  <regulation prefix="Regulation" num=".10" heading="Administrative Review.">
    <paragraph num="A.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>An amendment or correction of a record;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The right to file a statement; or</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>A request for review shall be filed within 30 days of the date the person is advised of the Department's action.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: February 24, 1997 (24:4 Md. R. 295)</annotation>
  </annotations>
</chapter>