380

LAWS OF MARYLAND

Ch. 21

59A, § 17(a)(3) to mean a mentally retarded
individual. This substitution avoids confusion
with the broader definition of "person" in §
1-101 of this article and reflects that, in
former Article 59A, § 17, the term "person" was
not used as defined.

In subsection (a)(1) of this section, the former
specific listings of the elements of a record
that may be contested are deleted as unnecessary
in light of the broad phrase "contest a record".

In subsection (c)(1) of this section, the word
"promptly" is deleted as unnecessary in light of
the stated 14-day period for response.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that former Article 59A, § 17(c)(4) provided for
contesting the disclosure of a record, but seemed
to provide only for acknowledgment of a request
to change a record and for responding to that
request. The General Assembly may wish to
consider extending the procedures under
subsections (b) through (e) of this section, to
cover the contesting of a disclosure.

The Commission also notes for consideration that
the reference to judicial review procedures, in
subsection (e) of this section, and the
jurisdiction of the Board of Review to review a
decision are unclear.

Defined terms: "Director" § 7-101
"Facility" § 7-101 "Person" § 1-101
"Includes"/"including" § 1-101
"Mentally retarded individual" § 7-101

7-614. DUTIES OF DIRECTOR.

THE DIRECTOR SHALL:

(1)  INFORM EACH FACILITY OF THE REQUIREMENTS
UNDER PART II OF THIS SUBTITLE FOR KEEPING ANY RECORD;

(2)  REQUIRE EACH FACILITY TO COMPLY WITH THOSE
REQUIREMENTS; AND

(3)  EVALUATE ANNUALLY THE POLICY AND PROCEDURE
OF EACH FACILITY FOR KEEPING RECORDS.

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