Issue Date: May 30, 2014
Volume 41 • Issue 11 • Pages 613—614
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 01 PROCEDURES
10.01.11 Correction or Amendment of Public Records
Authority: State Government Article, §§10-613(b) and 10-625; Health-General Article, §2-104(b); Annotated Code of Maryland
Notice of Proposed Action
The Secretary proposes to adopt a new Regulation .06, recodify existing Regulations .06 and .11 to be Regulations .07 and .12, respectively, and amend and recodify existing Regulations .07—.10 to be Regulations .08—.11 under COMAR 10.01.11 Correction or Amendment of Public Records.
Statement of Purpose
The purpose of this action is to explain that a public records request needs to comply with specific requirements already set out in regulations in order to be accepted.
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 firstname.lastname@example.org, or fax to 410-767-6483. Comments will be accepted through June 30, 2014. A public hearing has not been scheduled.
.06 Return of Nonconforming Request.
A. The Department shall accept a request to correct or amend a public record when it is received if it complies with Regulations .04 and .05 of this chapter.
B. If the request does not comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with:
(1) An explanation of the reason for the return; and
(2) A statement that, on receipt of a request that complies with Regulations .04 and .05 of this chapter, the request will be accepted and considered.
[.07] .08 Refusal of Request.
If the Department’s response under Regulation [.06] .07 of this chapter, is to refuse the requested correction or amendment, the person in interest may file with the Department a concise statement of the person’s reasons for:
A.—B. (text unchanged)
[.08] .09 Requirements for Statement of Disagreement.
A person who desires to file the statement of disagreement specified in Regulation [.07] of this chapter shall file the statement in not more than five, one-sided, 8-1/2 by 11 inch pages.
[.09] .10 Information Provided to Third Parties.
When the Department discloses to a third party information from a public record about which a statement in compliance with Regulations [.07] .08 and [.08,] .09 of this chapter[,] has been filed, the Department shall furnish a copy of the statement to the third party.
[.10] .11 Administrative Review.
A. A person may request a hearing by filing a request for a hearing with the custodian of the record, if the person has been denied:
(1)—(2) (text unchanged)
(3) The right to have a statement to a third party forwarded pursuant to Regulation [.09] .10 of this chapter.
B.—D. (text unchanged)
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene