Sec. 09.01.04.11. Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose

A. A compelling public purpose shall be deemed to exist under General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing records within the Department may permit the right of inspection of occupational and professional licensing data on individual persons other than that data specified under General Provisions Article, §4-333, Annotated Code of Maryland, as set forth in this regulation.

B. The number, nature, and administrative status of complaints filed against the individual person who is the subject of the occupational and professional licensing record may be disclosed.

C. Complaints, reports of investigation, and expert reports concerning the individual person who is the subject of the occupational and professional licensing record may be inspected if the person requesting the inspection:

(1) Has filed a complaint against the person who is the subject of the occupational and professional licensing record and the request is limited to only these documents relating to this complaint;

(2) Has filed a guaranty fund claim or a claim with a surety and the request is limited to only these documents relating to this guaranty fund or surety claim;

(3) Is affiliated with a federal, state, local or other law enforcement agency and has requested the inspection for law-enforcement or prosecutorial purposes; or

(4) Has requested the inspection on behalf of a surety investigating pending claims against the surety's bond for the particular licensee.

D. A federal, state, local or other law-enforcement agency may inspect the application record of an individual person who is the subject of the occupational and professional licensing record if the requested inspection is for law enforcement or prosecutorial purposes.