Issue Date: May 30, 2014
Volume 41 • Issue 11 • Page 613
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
10.01.08 Procedures for Access to Records
Authority: State Government Article, §10-611―10-628; Health-General Article, §2-104(b); Annotated Code of Maryland
Notice of Proposed Action
The Secretary proposes to amend Regulation .03 under COMAR 10.01.08 Procedures for Access to Records.
Statement of Purpose
The purpose of this action is to explain in more detail how requests for records are to be handled by the Department.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to email@example.com, or fax to 410-767-6483. Comments will be accepted through June 30, 2014. A public hearing has not been scheduled.
.03 Procedures Regarding Inspection or Copying of a Record.
A.—B. (text unchanged)
C. Response to Requests.
(1) The custodian shall respond to a record request as soon as possible, but not later than 10 business days after the receipt of the request, by:
(a) Providing access to the requested records;
(b) Denying access to the record or parts of the record with an explanation for the denial; or
(c) Advising that additional time is needed because the request:
(i) Is for voluminous records;
(ii) Requires legal advice; or
(iii) A record is in storage or archived.
[C. Unavailable Records.]
(2) If a requested record has been destroyed or lost, the custodian shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the circumstances of the destruction or loss.
(3) If access cannot be provided within 10 business days, the custodian shall:
(a) Cite the reasons why more time is needed; and
(b) Provide a good-faith estimate of how much additional time is required to fulfill the request.
D. (text unchanged)
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene