Md. Code Regs. 36.01.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 36.01.02.02 - Correction of Public Records

A. Scope. This regulation sets out procedures under which a person in interest may request the correction or amendment of a public record of the Agency pursuant to General Provisions Article, § 4-502, Annotated Code of Maryland.

B. Definitions. The definitions in Regulation .01 of this chapter also apply to this regulation.

C. Who May Request. A person in interest may request that the Agency correct or amend any public record that the:

(1) Agency keeps; and

(2) Person in interest is authorized to inspect.

D. Form and Contents of Request.

(1) The request shall be:

(a) In writing; and

(b) Submitted to:

(i) The custodian of the record; or

(ii) If the custodian is unknown to the person in interest, to the Director.

(2) The request shall:

(a) Contain the name, address, and telephone number of the requestor;

(b) Identify the public record sought to be corrected or amended;

(c) Specify the precise correction or amendment sought;

(d) State the reason for the correction or amendment; and

(e) Include a statement that, to the best of the requestor's belief, the public record is inaccurate or incomplete.

E. Return of Nonconforming Request.

(1) The Agency shall accept a request to correct or amend a public record when it is received if it reasonably complies with §§B and C of this regulation.

(2) If the request does not reasonably comply with §§B and C of this regulation, the Agency shall return the request to the requestor with:

(a) An explanation of the reason for the return; and

(b) A statement that, on receipt of a request that reasonably complies with §§B and C of this regulation, the request will be accepted.

F. Response to Request. Within 30 days after the Agency receives a request for correction or amendment that reasonably complies with §§C and D of this regulation, the custodian shall:

(1) Make the requested correction or amendment and inform the requestor in writing of the action; or

(2) Inform the requestor in writing that the Agency will not:

(a) Make the requested correction or amendment, and the reason for the refusal; or

(b) Act on the request because:

(i) The requestor is not a person in interest;

(ii) The requestor is not authorized to inspect the record;

(iii) The record is correct as it stands; or

(iv) Of any other reason authorized by law.

G. Statement of Disagreement.

If the Agency refuses to make a requested correction or amendment, a person in interest submit to with the Agency a concise, written statement that, in five pages or less, states the reasons for:

(1) The requested correction or amendment; and

(2) The person's disagreement with the refusal of the Agency to make the correction or amendment.

(a) The statement of disagreement may not exceed five pages.

(b) The pages may not exceed 8-1/2" x 11" each.

(c) Only one side of a page may be used for the statement.

H. Statement of Disagreement Provided Third Parties. If the Agency discloses to a third party information about which a statement of disagreement has been submitted under §H of this regulation, the Agency shall provide a copy of the statement submitted to the Agency by the person in interest.

I. Administrative Review.

(1) A person may seek administrative review under this regulation if the Agency:

(a) Has refused the person's request to correct or amend a public record under §E of this regulation;

(b) Has rejected the person's statement of disagreement under §F of this regulation; or

(c) Has not provided a statement of disagreement to a third party under §G of this regulation.

(2) A request for administrative review shall be submitted to the Director within 30 days after the requestor is advised of the Agency's action.

(3) The administrative review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and the hearing regulations of the Agency.

Md. Code Regs. 36.01.02.02

Regulation .02 amended effective 42:6 Md. R. 515, eff.3/30/2015; amended effective 46:1 Md. R. 13, eff. 1/14/2019