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10.01.11.00.htm 10.01.11.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 01 PROCEDURES Chapter 11 Correction or Amendment of Public Records Authority: Health-General Article, §2-104(b) State Government Article, §10-613(b) and 10-625; Annotated Code of Maryland
10.01.11.01.htm 10.01.11.01. 01 General.. These regulations set out procedures for persons in interest who are authorized to inspect a public record to request the correction or amendment of that public record in the Department of Health and Mental Hygiene under State Government Article, §10-625, Annotated Code of Maryland.
10.01.11.02.htm 10.01.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Health and Mental Hygiene.. 2) "Person in interest" means:. a) A person or governmental unit that is the subject of a public record, or a designee of the person or governmental unit;b) If the person has a legal disability, the parent or legal representative of that person; or. c) As to requests for correction of certificates o
10.01.11.03.htm 10.01.11.03. 03 Who May Request.. A person in interest may request the Department to correct or amend any public record that the person in interest is authorized to inspect pursuant to State Government Article, §10-625, Annotated Code of Maryland.
10.01.11.04.htm 10.01.11.04. 04 Contents of Request.. The person in interest shall request the correction or amendment in writing. The request shall:. A. Identify the public record the person is seeking to correct or amend;. B. State the precise correction or amendment requested;. C. State the reason the correction or amendment is sought; and. D. Include the statement that the record is, to the person's belief, currently inaccurate or incomplete.
10.01.11.05.htm 10.01.11.05. 05 Filing the Request.. A person shall file a request for correction or amendment of the record with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the person may address the request to the Secretary of Health and Mental Hygiene.
10.01.11.06.htm 10.01.11.06. 06 Return of Nonconforming Request.. A. The Department shall accept a request to correct or amend a public record when it is received if it complies with Regulations .04 and .05 of this chapter.B. If the request does not comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with:1) An explanation of the reason for the return; and. 2) A statement that, on receipt of a request that complies with Regulations
10.01.11.07.htm 10.01.11.07. 07 Response to Request.. Within 30 days after the request for correction or amendment is received, the custodian of the record shall:A. Make the requested correction or amendment and inform the person of the action;. B. Inform the person in writing of the:. 1) Department's refusal to make the requested correction or amendment, and. 2) Reason for the refusal; or. C. Inform the person in writing that the request will not be acted on because:.
10.01.11.08.htm 10.01.11.08. 08 Refusal of Request.. If the Department's response under Regulation .07 of this chapter, is to refuse the requested correction or amendment, the person in interest may file with the Department a concise statement of the person's reasons for:A. The requested correction or amendment; and. B. Disagreement with the Department's refusal to make the correction or amendment..
10.01.11.09.htm 10.01.11.09. 09 Requirements for Statement of Disagreement.. A person who desires to file the statement of disagreement specified in Regulation .08 of this chapter shall file the statement in not more than five, one-sided, 8-1/2 by 11 inch pages.
10.01.11.10.htm 10.01.11.10. 10 Information Provided to Third Parties.. When the Department discloses to a third party information from a public record about which a statement in compliance with Regulations .08 and .09 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.
10.01.11.11.htm 10.01.11.11. 11 Administrative Review.. A. A person may request a hearing by filing a request for a hearing with the custodian of the record, if the person has been denied:1) An amendment or correction of a record;. 2) The right to file a statement of disagreement; or. 3) The right to have a statement to a third party forwarded pursuant to Regulation .10 of this chapter.B. A person shall file the request for a hearing within 30 days of the date of the denial pursuant to §A of this regulation.
10.01.11.12.htm 10.01.11.12. 12 Judicial Review.. A person who is aggrieved by the final decision following all administrative review, including the final decision of the Secretary and the decision of the Board of Review, may file for judicial review under State Government Article, §10-222, Annotated Code of Maryland, by filing a petition in the appropriate circuit court.
10.01.11.9999.htm 10.01.11.9999. Administrative History Effective date: April 8, 1985 (12:7 Md. R. 702). Regulation .02 amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .06C amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .10A amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .11 adopted effective January 23, 1989 (16:1 Md. R. 69) ―. Chapter revised effective December 20, 1993 (20:25 Md. R. 1946) ―. Chapter revised effective August 18, 2014 (41:16 Md. R. 946).
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