Md. Code Regs. 12.15.01.07

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.15.01.07 - Right of an Individual to Challenge Completeness, Content, Accuracy, and Dissemination of CHRI

A. An individual having reviewed CHRI may only challenge the following related to CHRI:

(1) Completeness;

(2) Content;

(3) Accuracy; or

(4) Dissemination.

B. Challenge to Completeness, Content, Accuracy, or Dissemination of CHRI.

(1) An individual challenging CHRI under this regulation shall submit the challenge using a form authorized by the Central Repository to the:

(a) Central Repository; and

(b) Agency responsible for the location where the individual reviewed the CHRI, if other than the Central Repository.

(2) Upon receipt of the challenge form, the Central Repository shall examine the part of the individual's CHRI that has been challenged under this regulation.

(3) As part of the examination under §B(2) of this regulation, the Central Repository may require a criminal justice agency that was the source of challenged CHRI to verify the CHRI.

(4) The Central Repository shall notify the individual submitting the challenge under this regulation:

(a) In writing of the results of the examination and decision concerning the basis of the challenge; and

(b) Within 90 days after the date the challenge was received by the Central Repository.

(5) If the challenge or any part of the challenge is rejected by the Central Repository, the notification under §B(4) of this regulation shall include information concerning the individual's right to appeal the Central Repository's rejection of the challenge.

C. Correction of CHRI.

(1) If the Central Repository determines that the individual's challenge under this regulation is valid, the Central Repository shall:

(a) Make the appropriate correction on the Central Repository's CHRI; and

(b) Notify the criminal justice or other agency responsible for the CHRI requiring correction.

(2) An agency receiving notification under §C(1)(b) of this regulation shall:

(a) Correct the agency's CHRI; and

(b) Provide certification to the Central Repository that the correction was made.

(3) If requested by the individual whose CHRI was corrected, the agency disseminating the individual's CHRI shall provide the individual with the names of noncriminal justice agencies or persons to whom the CHRI was disseminated during the 12 months immediately preceding the date the individual reviewed the CHRI.

D. Notice of Correction.

(1) A criminal justice agency or other agency required to correct CHRI under §C(2) of this regulation that had disseminated CHRI before the CHRI was corrected shall give written notice of the correction to the person receiving the uncorrected CHRI.

(2) The person receiving notification under §D(1) of this regulation shall:

(a) Make the correction to the CHRI in the person's possession; and

(b) Provide certification that the correction has been made to the agency making notification under §D(1) of this regulation.

E. Appeal.

(1) If a challenge to the completeness, content, accuracy, or dissemination is denied by the Central Repository, the individual may appeal the decision.

(2) An individual shall:

(a) Use a form authorized by the Central Repository to appeal a denial of a challenge under this regulation; and

(b) File the appeal within 30 days of the date of the denial of the challenge with the:

(i) Secretary;

(ii) Criminal justice agency that contributed to or created the CHRI; and

(iii) Central Repository.

F. The Secretary, or a designee, shall:

(1) Designate a hearing officer;

(2) Set a hearing date within 30 days of the date the appeal was received by the Central Repository; and

(3) Ensure that the date set for the hearing is within 60 days of the date the appeal was received by the Central Repository.

G. If the individual filing an appeal under this regulation does not appear at the hearing on the date set under §F of this regulation, the appeal shall be denied by the hearing officer.

H. At the appeal hearing, the individual filing the appeal and a criminal justice agency affected by the appeal may:

(1) Be represented by an attorney;

(2) Introduce additional evidence; and

(3) Interrogate persons responsible for recording or maintaining the CHRI under review.

I. Appeal of a Hearing Decision.

(1) The Secretary, or a designee, shall provide a written decision stating the outcome of the appeal hearing under §F of this regulation to the:

(a) Individual filing the appeal; and

(b) Central Repository.

(2) Upon receipt of a decision under §I(1)(b) of this regulation, the Central Repository shall:

(a) Retain a copy of the written decision; and

(b) Disseminate a copy of the written decision to a person affected by the hearing.

J. Appeal Decision.

(1) If a decision under §I of this regulation concludes that the challenge to the completeness, content, accuracy, or dissemination of the CHRI is valid, the written decision shall direct that the CHRI is to be corrected.

(2) The Central Repository and the criminal justice agency contributing to or maintaining the CHRI shall:

(a) Correct the CHRI maintained by the agency; and

(b) Certify to the Secretary, or a designee, that the CHRI was corrected.

K. A criminal justice agency required to correct CHRI under §J of this regulation, that had disseminated the CHRI before being corrected, shall give written notice to the person receiving the uncorrected CHRI of the correction, and the person shall:

(1) Make the correction to the person's CHRI; and

(2) Certify to the disseminating agency that the correction was made.

L. A party to an appeal of the decision under §I of this regulation may appeal the decision in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

M. Central Repository records relating to the individual's right to review and challenge shall be:

(1) Centrally maintained in the place and manner designated by the Secretary, or a designee; and

(2) Retained for a minimum of 4 years, except for the respective fingerprint card that shall be retained for a minimum of 15 years.

Md. Code Regs. 12.15.01.07

Regulations .07 under COMAR 12.06.08 repealed effective July 9, 1990 (17:13 Md. R. 1612)
Regulations .07 adopted effective July 9, 1990 (17:13 Md. R. 1612)
Regulation .07 amended effective April 15, 1991 (18:7 Md. R. 773)