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Session Laws, 1982
Volume 742, Page 379   View pdf image
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HARRY HUGHES, Governor

379

(I)  MAKE OR REFUSE TO MAKE THE REQUESTED
CHANGE; AND

(II)  GIVE THE PERSON WHO REQUESTED THE
CHANGE WRITTEN NOTICE OF ITS ACTION.

(2) A NOTICE OF REFUSAL SHALL CONTAIN:

(I)  EACH REASON FOR THE REFUSAL; AND

(II)  ANY PROCEDURES THAT THE DIRECTOR HAS
SET FOR REVIEW OF THE REFUSAL.

(D)  REVIEW.

(1)  A MENTALLY RETARDED INDIVIDUAL OR PERSON WHO
IS AUTHORIZED TO ACT ON BEHALF OF THE INDIVIDUAL MAY ASK THE
DIRECTOR TO REVIEW THE REFUSAL.

(2)  WITHIN 45 DAYS AFTER THE REQUEST FOR REVIEW,
THE DIRECTOR SHALL:

(I)  COMPLETE THE REVIEW;

(II)  MAKE A FINAL DETERMINATION; AND

(III)  GIVE THE MENTALLY RETARDED
INDIVIDUAL OR PERSON WHO IS AUTHORIZED TO ACT ON BEHALF OF
THE INDIVIDUAL WRITTEN NOTICE OF THE FINAL DETERMINATION.

(E)  CONTENTS OF NOTICE.

IF THE FINAL DETERMINATION OF THE DIRECTOR IS A REFUSAL
TO CHANGE A RECORD, THE WRITTEN NOTICE SHALL INCLUDE:

(1)  EACH REASON FOR THE REFUSAL;

(2)  ANY PROCEDURE FOR INSERTING IN THE RECORD A
CONCISE STATEMENT OF THE REASON THAT THE MENTALLY RETARDED
INDIVIDUAL OR PERSON WHO IS AUTHORIZED TO ACT ON BEHALF OF
THE INDIVIDUAL DISAGREES WITH THAT REFUSAL; AND

(3)  INFORMATION ON JUDICIAL REVIEW OF THE
DECISION OF THE DIRECTOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 17(c)(4) and (5).

In subsections (a) and (d) of this section,
references to a "mentally retarded individual or
person who is authorized to act" for that
individual are substituted for the references to
"person", which formerly was defined in Article

 

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Session Laws, 1982
Volume 742, Page 379   View pdf image
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