Md. Code Regs. 12.15.03.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.15.03.09 - Right of a Covered Individual to Appeal the Findings in a Printed Statement

A. Requesting an Appeal of the Findings in a Printed Statement.

(1) A covered individual may appeal the content of a printed statement issued under provisions of this chapter.

(2) A covered individual shall contact the Central Repository, in writing, requesting to appeal the content of the covered individual's printed statement under this chapter.

(3) The Central Repository shall conduct a hearing within 20 working days of the receipt of the written request from a covered individual, unless the requesting covered individual waives the hearing.

B. The Central Repository may deny a request to appeal a printed statement if the Central Repository has a record of a conviction of a crime or a certified copy of the conviction.

C. If an appeal concerns a pending charge or other criminal history record information, the Central Repository may deny the appeal if the Central Repository:

(1) Has a certified copy of the court docket from the court showing that the charge has not been finally adjudicated; or

(2) Finds the other criminal history record information is accurate and complete.

D. The Central Repository shall:

(1) Issue a decision regarding the appeal within 5 working days of the hearing's conclusion or the date the hearing is waived by the covered individual making the request; and

(2) Notify the covered individual, in writing, of the decision.

E. If an appeal under this regulation is sustained, the Central Repository shall comply with provisions under COMAR 12.15.01.07 for correcting CHRI.

Md. Code Regs. 12.15.03.09