Md. Code Regs. 01.02.11.20

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.11.20 - Obligation on Receipt of Real Property ACP Notice

A. On receipt of a Real Property ACP Notice:

(1) State and local agencies shall follow the established procedure in accordance with Real Property Article, §§3-115 and 3-117, Annotated Code of Maryland; and

(2) A clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under Real Property Article, §3-115, Annotated Code of Maryland, to both the:

(a) State Department of Assessments and Taxation; and

(b) Maryland State Archives.

B. All State and local agencies shall use the participant's substitute address for all mailed correspondence.

C. Restriction on Disclosures.

(1) Except as provided in Real Property Article, §3-116(b) and (c), Annotated Code of Maryland, a clerk of the circuit court and any State or local agency that receives a Real Property ACP Notice under Real Property Article, §3-115, Annotated Code of Maryland, may not disclose the participant's identity information in conjunction with the property identified in the Notice.

(2) A participant's identity information may be disclosed in conjunction with a property identified in a Real Property ACP Notice if:

(a) The participant consents to the disclosure for a specific purpose identified in a writing acknowledged by the participant;

(b) The information is subject to disclosure in accordance with a court order; or

(c) The Secretary authorizes the disclosure in accordance with Real Property Article, §3-118, Annotated Code of Maryland.

(3) Prohibition on disclosure shall continue until:

(a) The participant consents to the termination of the Real Property ACP Notice in a writing acknowledged by the participant;

(b) The Real Property ACP Notice is terminated in accordance with a court order;

(c) The participant no longer holds a record interest in the property identified in the Real Property ACP Notice; or

(d) The Secretary gives written notice to the clerk of the circuit court that the individual named in the Real Property ACP Notice is no longer a participant.

Md. Code Regs. 01.02.11.20

Regulation .20 adopted effective 46:1 Md. R. 11, eff. 1/14/2019