Sec. 12.15.01.06. Right of an Individual to Challenge a Denial to Review CHRI

A. If a request to review CHRI is denied pursuant to the procedures under Regulation .05 of this chapter, the individual may challenge the denial except if the request to review CHRI was denied by the courts.

B. Challenge to Denial.

(1) An individual challenging a denial of a request to review CHRI shall submit:

(a) The challenge to the Central Repository using an application form authorized by the Central Repository; and

(b) A complete set of fingerprints taken at a location designated by the Central Repository.

(2) The challenge shall be filed within 10 days of the date of the denial to review CHRI.

C. The Secretary, or a designee, shall:

(1) Designate a review officer;

(2) Set a date to conduct the review that is within 30 days of the date the challenge was received by the Central Repository; and

(3) Within the 30-day period before the date of the review, compare the full set of fingerprints submitted by the individual submitting the challenge with the fingerprints on the arrest record.

D. The Secretary, or a designee, shall issue a written decision stating whether the individual filing the challenge is or is not the individual in the record and provide copies of the decision to the:

(1) Individual submitting the challenge; and

(2) Central Repository.

E. Upon receipt of a decision under §D of this regulation the Central Repository shall:

(1) Maintain a copy of the decision; and

(2) Send a copy of the decision to a criminal justice agency affected by the denial to review CHRI.

F. If the Secretary, or a designee, decides that the the individual submitting the challenge is:

(1) The subject of the CHRI, the the individual submitting the challenge:

(a) May submit the Secretary’s decision to the agency denying the request to review CHRI; and

(b) Upon receipt of the Secretary’s decision by the appropriate agency, shall be permitted to review the applicable CHRI; or

(2) Not the subject of the CHRI, the individual submitting the challenge of the denial may not review the CHRI.

G. The individual submitting the challenge of the denial to review CHRI or the agency maintaining the CHRI may appeal the decision of the Secretary in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.