722

LAWS OF MARYLAND

Ch. 239

JUSTICE AGENCY TO MAKE A COPY OF ANY INFORMATION OR

ALLOWS A PERSON TO REMOVE ANY DOCUMENT FOR THE PURPOSE OF

MAKING A COPY OF IT. A PERSON HAVING THE RIGHT OF

INSPECTION MAY MAKE NOTES OF THE INFORMATION.

752. RIGHT TO CHALLENGE INFORMATION.

(A)    A PERSON WHO HAS INSPECTED CRIMINAL HISTORY
RECORD INFORMATION RELATING TO HIM MAY CHALLENGE THE
COMPLETENESS, CONTENTS. ACCURACY, OR DISSEMINATION OF
SUCH INFORMATION BY GIVING WRITTEN NOTICE OF HIS
CHALLENGE TO THE CENTRAL REPOSITORY AND TO THE AGENCY AT
WHICH HE INSPECTED THE INFORMATION, IF OTHER THAN THE
CENTRAL REPOSITORY. THE NOTICE SHALL SET FORTH THE
PORTION OF THE INFORMATION CHALLENGED, THE REASON FOR THE
CHALLENGE, CERTIFIED DOCUMENTATION OR OTHER EVIDENCE
SUPPORTING THE CHALLENGE, IF AVAILABLE, AND THE CHANGE
REQUESTED IN ORDER TO CORRECT OF COMPLETE THE INFORMATION
OR THE DISSEMINATION OF THE INFORMATION. THE NOTICE
SHALL CONTAIN A SWORN STATEMENT, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION IN OR SUPPORTING THE
CHALLENGE IS ACCURATE AND THAT THE CHALLENGE IS MADE IN
GOOD FAITH.

(B)    UPON RECEIPT OF THE NOTICE, THE CENTRAL
REPOSITORY SHALL CONDUCT AN AUDIT OF THAT PART OF THE
PERSON'S CRIMINAL HISTORY RECORD INFORMATION NECESSARY TO
DETERMINE THE ACCURACY OF THE CHALLENGE. AS PART OF THE
AUDIT, THE CENTRAL REPOSITORY MAY REQUIRE ANY CRIMINAL
JUSTICE AGENCY THAT WAS THE SOURCE OF CHALLENGED
INFORMATION TO VERIFY THE INFORMATION. THE CENTRAL
REPOSITORY SHALL NOTIFY THE PERSON OF THE RESULTS OF ITS
AUDIT AND ITS DETERMINATION WITHIN 90 DAYS AFTER RECEIPT
OF THE NOTICE OF CHALLENGE. THIS NOTICE SHALL BE IN
WRITING, AND, IF THE CHALLENGE OR ANY PART OF IT IS
REJECTED, THE NOTICE SHALL INFORM THE PERSON OF HIS
RIGHTS OF APPEAL.

(C)   IF THE CHALLENGE OR ANY PART OF IT IS
DETERMINED TO BE VALID, THE CENTRAL REPOSITORY SHALL MAKE
THE APPROPRIATE CORRECTION ON ITS RECORDS AND SHALL
NOTIFY ANY CRIMINAL JUSTICE AGENCY WHICH HAS CUSTODY OF
THE INCOMPLETE OR INACCURATE INFORMATION, OR PORTION OF
IT OF THE CORRECTION, AND THE AGENCY SHALL TAKE
APPROPRIATE STEPS TO CORRECT ITS RECORDS. THE AGENCY
SHALL CERTIFY TO THE CENTRAL REPOSITORY THAT THE
CORRECTION WAS MADE.

(D)    A CRIMINAL JUSTICE AGENCY REQUIRED TO CORRECT
ANY CRIMINAL HISTORY RECORD INFORMATION PURSUANT TO
SUBSECTION (C) THAT HAD PREVIOUSLY DISSEMINATED SUCH
INFORMATION SHALL GIVE WRITTEN NOTICE TO THE AGENCY OR
PERSON TO WHOM THE INFORMATION WAS DISSEMINATED OF THE
CORRECTION. THAT AGENCY OR PERSON SHALL PROMPTLY MAKE
THE CORRECTION ON ITS RECORDS, AND CERTIFY TO THE
DISSEMINATING AGENCY THAT THE CORRECTION WAS MADE.

(E)   IF THE CHALLENGE, OR ANY PART OF IT, IS