Sec. 13b.04.03.18. Corrections of Public Record  


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  • 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.