Md. Code Regs. 07.01.02.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.01.02.04 - Department's Procedures for Responding to a Request for Disclosure or Personal Review of a Record

A. Oral Requests for Information.

(1) If the individual who receives a request is not the custodian of the record, the individual shall immediately provide the requestor with reasonably obtainable information as to the identity and location of the custodian of the record.

(2) Within 10 working days of receiving a request, the custodian of a requested record shall take the needed actions set forth in §A(3) of this regulation that are permitted by this chapter and other applicable State and federal confidentiality regulations and laws.

(3) The custodian shall:

(a) Provide the requestor, either orally, in writing, or by sending or faxing a copy of the relevant documents, with whatever requested information may be released;

(b) Deny the request as to information which cannot be disclosed as a matter of law; or

(c) Advise the requestor to submit a written request in accordance with §B of this regulation and Regulation .03C of this chapter.

(4) In denying an oral request for information, the custodian shall give the reason for the denial.

B. Written Requests for Information or for Access to a Record.

(1) If the individual who receives a written request is not the custodian of the record, the individual shall, within 10 working days of receipt of the request, provide the requestor with reasonably obtainable information as to the identity and location of the custodian of the record.

(2) The custodian of a requested record shall respond in writing to a written request within 30 working days of receipt of the request. The response shall include:

(a) Disclosure of that part of the requested information which the custodian determines may be disclosed as a matter of State and federal confidentiality law, except as provided in Regulation .05 of this chapter;

(b) If requested, permission to personally review records which may be disclosed as a matter of law, except as provided in Regulation .05 of this chapter;

(c) Denial of disclosure of that part of the requested information which the custodian determines may not be disclosed as a matter of law or pursuant to Regulation .05 of this chapter;

(d) If the custodian grants a request to personally review records, notification to the requestor of a reasonable date and hour, within 30 days following the receipt of the request, when the records will be available for inspection and copying; and

(e) Notification to the requestor of any requested record which does not exist or has been lost or destroyed.

(3) If, after arranging a time for inspection or copying, the custodian learns that a requested record has been lost or destroyed, the custodian shall notify the requestor of that fact within 10 working days of learning of the loss or destruction.

(4) A custodian's denial of a written request for disclosure or review of a record shall include a written statement of the:

(a) Reason for the denial;

(b) Regulation upon which the denial is based; and

(c) Procedures for obtaining review of the denial as set forth in Regulation .07 of this chapter.

C. With the consent of the requestor, a custodian may extend a time period established by this regulation for an additional period not to exceed 30 days. The custodian shall document the consent of the requestor to an extension in the record.

Md. Code Regs. 07.01.02.04

Regulation .04D amended affective December 10, 1975 (2:28 Md. R. 1666); December 2, 1985 (12:24 Md. R. 2346)
Regulations .04, Confidential Nature of Records, repealed effective October 28, 1991 (18:21 Md. R. 2305)
Regulations .04, Procedures for Access to Records, adopted effective October 28, 1991 (18:21 Md. R. 2305)
Regulation .04A, B amended June 18, 2007 (34:11 Md. R. 971)