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11.01.15.00.htm 11.01.15.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 15 Correction or Amendment of Personal Records Authority: State Government Article, §10-625, Annotated Code of Maryland
11.01.15.01.htm 11.01.15.01. 01 General.. These regulations set out procedures within the Department of Transportation for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland.
11.01.15.02.htm 11.01.15.02. 02 Definitions.. A. "Custodian" means an authorized person employed by the Department having personal custody and control of public records of the Department.B. "Official custodian" means and includes whomever the Secretary of Transportation shall appoint in the Departmental Headquarters elements, the Administrations, and the various Departmental Boards and Commissions (including the Transportation Authority) who are responsible for the maintenance, care, and keeping of public r
11.01.15.03.htm 11.01.15.03. 03 Who May Request.. A person in interest who has the right to inspect records pursuant to State Government Article, §10-612―10-619, Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.
11.01.15.04.htm 11.01.15.04. 04 Contents of Request.. The person in interest shall request the correction or amendment in writing. Each request shall:. A. Identify the personal records 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 personal records are to the person's belief currently inaccurate or incomplete.
11.01.15.05.htm 11.01.15.05. 05 Filing the Request.. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the appropriate official custodian as listed below:A. Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;B. Deputy Executive Director, Maryland Port Admini
11.01.15.06.htm 11.01.15.06. 06 Return of Request.. A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Department.
11.01.15.07.htm 11.01.15.07. 07 Response to Request.. Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall:A. Make the requested correction or amendment and inform the person in writing of the action; or. 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.
11.01.15.08.htm 11.01.15.08. 08 Refusal of Request.. If the Department's final determination under Regulation .07 is to refuse the requested correction or amendment, as authorized by Regulation .07B, the person in interest may file with the Department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:A. The requested correction or amendment; and. B. Disagreement with the Department's refusal to make the correction or amendment..
11.01.15.09.htm 11.01.15.09. 09 Information Provided to Third Parties.. When the Department discloses to a third party information from personal records about which a statement in compliance with Regulation .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.
11.01.15.10.htm 11.01.15.10. 10 Administrative Review.. A. A person in interest may request an administrative review within the Department, by filing a request for review with the Secretary or the Secretary's designee, if the person in interest has been denied:1) An amendment or correction of a record;. 2) The right to file a statement; or. 3) The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.B. A request for review shall be filed within 30 d
11.01.15.9999.htm 11.01.15.9999. Administrative History Effective date: July 16, 1984 (11:14 Md. R. 1250). Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861) September 14, 1992 (19:18 Md. R. 1657) March 24, 2008 (35:6 Md. R. 699)Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259). Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319).
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