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Maryland Manual, 1979-80
Volume 179, Page 292   View pdf image (33K)
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consistent with Federal law and regulations; those
governing procedures for inspecting and challeng-
ing criminal history record information; and those
governing the auditing of criminal justice agencies
to insure that criminal history record information
is accurate and complete and is disseminated in
accordance with provisions of the legislation.
The System's central repository is used for the
collection, storage, and dissemination of criminal
history record information. It is operated by the
Maryland State Police.
The Act provides that every criminal justice
agency report criminal history record information
to the central repository and establish time
requirements .or reporting various types of infor-
mation and reporting methods that may be used.
The Sec'etary of the Department of Public Safety
and Coirectional Services and the Chief Judge of
the Court of Appeals may determine the events
to be reported by each criminal justice agency to
avoid duplication in reporting.
Regarding the rights of inspection and challenge,
a person may inspect criminal history record infor-
mation maintained by a criminal justice agency
concerning him or her. The person may challenge
the completeness, contents, accuracy, or dissemi-
nation of such information by giving written notice
of the challenge to the central repository and the
agency whi're the information was inspected if oth-
er than the ^entral repository. The central reposito-
ry will conduct an audit of that part of the person's
criminal hi tory record information necessary to
determine the accuracy of the challenge. The cen-
tral repository will notify the person of the results
of its audit within ninety days after receipt of the
notice of challenge. If it is determined that the
challenge is valid, the central repository will cor-
rect its records and notify any criminal justice
agency that has custody of the information. If the
criminal justice agency has disseminated the infor-
mation, it will notify the agency or person to whom
the information was disseminated.
If the challenge is denied, the central repository
will give written notice of the denial to any agen-
cy with which a copy of the challenge was filed.
A person may not inspect any criminal history
record information if the information or any part
of it is relevant to a pending criminal proceeding.
The Secretary of the Department of Public Safety
and the Court of Appeals adopt appropriate rules
and procedures for administrative appeals from
decisions by criminal justice agencies denying the
right of inspection of or challenges made to crim-
inal history record information. A person ag-
grieved by a decision of any administrative appeal

including the central repository and the criminal
justice agency may seek judicial review in accor-
dance with the Administrative Procedure Act and
the Maryland Rules.
Some portions of the legislation became effec-
tive July 1, 1976. These included the portions
dealing with the creation of the Advisory Board;
the rule-making authority of the Secretary of the
Department of Public Safety, the Court of
Appeals, and the Chief Judge; and the right of
individual inspection, challenge, and appeal (when
the right of inspection or challenge is denied).
The remaining portions of the legislation be-
came effective December 31, 1977. These included
mandatory reporting requirements of criminal
justice agencies to the Central Repository; limits
on dissemination; security requirements; and
auditing and quality control requirements (Code
1957, Art. 27, sees. 742-755).
DELMARVA ADVISORY COUNCIL
President: Mark Pilchard, Maryland
1st Vice-President: George E. Ward, Jr., Virginia
2nd Vice-President: Samuel G. Thomas, Delaware
Treasurer: Norman W. Harrington, Maryland
Maryland Representatives:
Members appointed by Governor: A. T. Blades,
Ralph O. Dulany, Norman W. Harrington,
Gordon L. Mears, R. Clayton Mitchell, Jr.
Appointed members: S. Glyn Edwards, Faye Ste-
phens, John M. Ashley, Jr., Leon Anderson,
Earl R. Bell, Francis M. Gates, Albert K.
Wood, Haywood M. A. Turner, Leonard W.
Dayton, Lewis R. Riley, Rudolph C. Cane,
Clyde 1. Waters, William P. Hytche, Nelson E.
Townsend, Elmer F. Ruark, Albert B.
Atkinson
Advisory members: Richard A. Gucker, John B,
Moore, Jr., Lowell W. Frederick
Roy C. Tolbert, Executive Director and Secretary
Suite 700, One Plaza East
P. O. Box 711
Salisbury 21801 Telephone: 742-9271
The Delmarva Advisory Council, originally
called the Delmarva Steering Committee, was
recommended at the Delmarva Development



 
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Maryland Manual, 1979-80
Volume 179, Page 292   View pdf image (33K)
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