Chapter 05. Correction or Amendment of Public Records
Regulation .01 Scope.LinkCopy Citation
This chapter governs procedures for a person in interest to request the correction or amendment of public records under General Provisions Article, §4-502, Annotated Code of Maryland, in the Maryland Institute for Emergency Medical Services Systems (MIEMSS).
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Custodian” means an authorized individual employed by MIEMSS having physical custody and control of public records of MIEMSS.
(2)
“Person in interest” has the meaning stated in General Provisions Article, §4-101(e), Annotated Code of Maryland.
(3)
“Public record” has the meaning defined in General Provisions Article, §4-101(h), Annotated Code of Maryland.
Regulation .03 Who May Request.LinkCopy Citation
A person in interest may request that MIEMSS correct or amend any public record under General Provisions Article, §4-502, Annotated Code of Maryland.
Regulation .04 Contents of Request.LinkCopy Citation
The person in interest shall request the correction or amendment in writing. Each request shall:
A.
Identify the public record 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 public record is, to the belief of the person in interest, currently inaccurate or incomplete; and
E.
Represent that the requested correction or amendment will make the public record accurate or complete.
Regulation .05 Filing the Request.LinkCopy Citation
A request for correction or amendment of the record shall be filed with MIEMSS 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 Executive Director.
Regulation .06 Return of Request.LinkCopy Citation
A request for correction or amendment is considered filed with MIEMSS when received only to the extent that it reasonably complies with Regulation .04 of this chapter. If a request does not reasonably comply with Regulation .04 of this chapter, it shall be returned to the person who filed it with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with MIEMSS.
Regulation .07 Response to Request.LinkCopy Citation
Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person in interest in writing of the action;
B.
Inform the person who made the request in writing of:
(1)
MIEMSS' refusal to make the requested correction or amendment, and
(2)
The reason for the refusal; or
C.
Inform the person who made the request in writing that the request will not be acted on because:
(1)
The person who made the request is not a person in interest,
(2)
The record sought to be corrected or amended is not a public record,
(3)
The person who made the request is not entitled to inspect the record under Parts I—IV of the Public Information Act; or
(4)
Of any reason that is authorized by law.
Regulation .08 Refusal of Request.LinkCopy Citation
If MIEMSS' final determination under Regulation .07 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .07B of this chapter, the person in interest may file with MIEMSS a concise statement of the reasons for:
A.
The requested correction or amendment; and
B.
Disagreement with MIEMSS' refusal to make the correction or amendment.
Regulation .09 Requirements for Statement of Disagreement.LinkCopy Citation
The statement specified in Regulation .08 of this chapter shall be filed on pages up to 8 1/2 x 11 inches in size. Only one side of the page shall contain the statement. More than 5 pages will not be accepted by MIEMSS in connection with a single request for correction and amendment.
Regulation .10 Information Provided to Third Parties.LinkCopy Citation
When MIEMSS discloses to a third party information from public records about which a statement in compliance with Regulations .08 and .09 of this chapter has been filed, MIEMSS shall furnish a copy of the statement to the third party.
Regulation .11 Administrative Review.LinkCopy Citation
A.
A person who has made a request under this chapter for an amendment or correction may request an administrative review by the EMS Board by filing a request for a hearing with the Executive Director, if the person has been denied:
(1)
An amendment or correction record;
(2)
The right to file a statement; or
(3)
The right to have a statement to a third party forwarded under Regulation .10 of this chapter.
B.
A request for a hearing shall be filed within 30 days of the date the person is advised of MIEMSS' action.
C.
If a hearing is requested, the hearing shall be conducted by the EMS Board or the Office of Administrative hearings if the EMS Board so elects.
D.
The hearing procedures in COMAR 28.02.01 apply.
E.
If the hearing is conducted by the Office of Administrative Hearings, the hearing procedures of COMAR 30.02.06.22 and .23 also apply.
F.
A person who has requested administrative review may seek judicial review of the EMS Board's final action under State Government Article, §10-222, Annotated Code of Maryland. The EMS Board shall be party to the proceeding.
Chapter annotations
Authority: General Provisions Article, §§4-201(b) and 4-502, Annotated Code of Maryland
History: Effective date: December 15, 1999 (26:24 Md. R. 1859)
History: Regulation .01 amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .02B amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .03 amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .07C amended effective October 12, 2015 (42:20 Md. R. 1265)