Md. Code Regs. 13B.04.03.18

Current through Register Vol. 51, No. 26, December 27, 2024

Section 13B.04.03.18 - Corrections of Public Record

A. A person in interest may request the Commission to correct inaccurate or incomplete information in a public record that:

(1) Is maintained by the Commission; and

(2) The person in interest is authorized to inspect.

B. Contents of Request. A request under this regulation shall:

(1) Be in writing;

(2) Describe the requested change precisely; and

(3) State the reasons for the change.

C. Action on Request.

(1) Within 30 days after receiving a request under this regulation, the custodian shall:

(a) Make or refuse to make the requested change; and

(b) Give the person in interest written notice of the action taken.

(2) A notice of refusal shall contain the custodian's reasons for the refusal.

D. Statement of Disagreement.

(1) If the Commission finally refuses a request under this regulation, the person in interest may submit to the Commission a concise statement that, in five pages or less, states the reasons for the request and for disagreement with the refusal.

(2) Whenever the Commission provides the disputed information to a third party, the Commission shall provide to that party a copy of the statement submitted to the Commission by the person in interest.

E. Administrative and Judicial Review. A person in interest may seek administrative and judicial review of:

(1) A decision of the Commission to deny a:

(a) Request to change a public record; or

(b) Right to submit a statement of disagreement; or

(2) The failure of the Commission to provide the statement of disagreement to a third party.

F. Procedures. If a person in interest seeks judicial review, it shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 13B.04.03.18