MARVIN MANDEL, Governor                                  723

DENIED, THE CENTRAL REPOSITORY SHALL GIVE WRITTEN NOTICE
OF THE DENIAL TO ANY AGENCY WITH WHICH A COPY OF THE
CHALLENGE WAS FILED.

(F)    A PERSON IS NOT ENTITLED TO INSPECT OR
CHALLENGE ANY CRIMINAL HISTORY RECORD INFORMATION
PURSUANT TO THIS SUBTITLE IF THE INFORMATION OR ANY PART
OF IT IS RELEVANT TO A PENDING CRIMINAL PROCEEDING. THIS
SUBSECTION DOES NOT AFFECT ANY RIGHT OF INSPECTION AND
DISCOVERY PERMITTED UNDER CHAPTER 700 OF THE MARYLAND
ROLES OR THE MARYLAND DISTRICT RULES, OR PERMITTED UNDER
ANY STATUTE, RULE, OR REGULATION NOT PART OF OR ADOPTED
PURSUANT TO THIS SUBTITLE.

(G)    THE PROVISIONS OF THIS SECTION CONCERNING THE
DUTIES OF THE CENTRAL REPOSITORY MAY, BY RULE OF THE
SECRETARY, BE DELAYED UNTIL THE SECRETARY DETERMINES THAT
THE CENTRAL REPOSITORY IS ABLE TO COMPLY WITH THEM, BUT
NOT LATER THAN JULY 1, 1977. UNTIL THEN, THE DUTIES OF
THE CENTRAL REPOSITORY SHALL BE PERFORMED BY THE
APPROPRIATE CRIMINAL JUSTICE AGENCIES.

753.   RIGHTS OF APPEAL.

(A)    THE SECRETARY AND THE COURT OF APPEALS SHALL
ADOPT APPROPRIATE ROLES AND PROCEDURES FOR ADMINISTRATIVE
APPEALS FROM DECISIONS BY CRIMINAL JUSTICE AGENCIES
DENYING THE RIGHT OF INSPECTION OF, OR CHALLENGES MADE
TO, CRIMINAL HISTORY RECORD INFORMATION.

THESE RULES SHALL INCLUDE PROVISIONS FOR:

(1)    THE FORMS, MANNER, AND TIME FOR TAKING
AN APPEAL;

(2)    THE OFFICIAL OR TRIBUNAL DESIGNATED TO
HEAR THE APPEAL;

(3)    HEARING AND DETERMINING THE APPEAL; AND

(4)    IMPLEMENTING THE DECISION ON APPEAL.

(B)    A PERSON AGGRIEVED BY A DECISION OF A CRIMINAL
JUSTICE AGENCY CONCERNING INSPECTION OR A CHALLENGE MAY
TAKE AN ADMINISTRATIVE APPEAL IN ACCORDANCE WITH THE
RULES AND PROCEDURES ADOPTED BY THE SECRETARY AND THE
COURT OF APPEALS.

(C)    A PERSON AGGRIEVED BY A DECISION ON AN
ADMINISTRATIVE APPEAL, INCLUDING THE CENTRAL REPOSITORY
AND A CRIMINAL JUSTICE AGENCY, MAY SEEK JUDICIAL REVIEW
IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT AND
THE MARYLAND RULES.

754.   PROHIBITED ACTS.

(A) IT IS UNLAWFUL FOR ANY EMPLOYER OR PROSPECTIVE
EMPLOYER TO REQUIRE A PERSON TO INSPECT OR CHALLENGE ANY