Ch. 318                                         1993 LAWS OF MARYLAND

5-715.

(a)      The Secretary of Human Resources shall adopt regulations necessary to
protect the rights of persons suspected of abuse or neglect.

(b)      Before the name of a person who is suspected of abuse or neglect is entered in
[the] A central registry, the person shall be given notice.

(C) (1) WITHIN 90 DAYS OF RECEIPT OF THE NOTICE REQUIRED IN
SUBSECTION (B) OF THIS SECTION, A PERSON SUSPECTED OF ABUSE OR NEGLECT
MAY REQUEST IN WRITING THAT THE DEPARTMENT AMEND OR EXPUNGE AN
ENTRY IN A CENTRAL REGISTRY.

(2)      ON RECEIPT OF A REQUEST TO AMEND OR EXPUNGE AN ENTRY IN A
CENTRAL REGISTRY, THE DEPARTMENT SHALL REVIEW ALL RECORDS OR REPORTS
CONCERNING THE ABUSE OR NEGLECT.

(3) WITHIN 30 DAYS OF RECEIPT OF A REQUEST TO AMEND OR
EXPUNGE AN ENTRY IN A CENTRAL REGISTRY THE DEPARTMENT SHALL NOTIFY
THE PERSON SUSPECTED OF ABUSE OR NEGLECT OF ITS DECISION ON WHETHER
THE ENTRY SHOULD BE AMENDED OR EXPUNGED, AND, IF THE ENTRY IS TO BE
AMENDED, THE MANNER OF THE AMENDMENT.

(4)      IF THE DEPARTMENT FAILS TO ACT WITHIN THE TIME REQUIRED IN
PARAGRAPH (3) OF THIS SUBSECTION OR REFUSES THE REQUEST TO AMEND OR
EXPUNGE, THE PERSON SUSPECTED OF ABUSE OR NEGLECT MAY REQUEST A
HEARING AS PROVIDED IN SUBSECTION (D) OF THIS SECTION.

(5)      A PERSON SHALL COMPLY WITH THE REQUIREMENTS OF THIS
SUBSECTION BEFORE REQUESTING A HEARING UNDER SUBSECTION (D) OF THIS
SECTION.

[(c)](D) (1) Except as provided in paragraph (3) of this subsection, on request
by a person suspected of abuse or neglect, the Department shall hold an administrative
hearing for the purpose of allowing the person to appeal the entry of the person's name
in [the] A central registry.

(2)      The hearing shall be held in the county in which the person suspected of
abuse or neglect resides.

(3)      The name of a person adjudicated a child abuser may be entered in
[the] A central registry without an opportunity for a hearing under this subsection.

[(d)](E) The Department may not enter the name of a person in [the] A central
registry unless the person has:

(1)      been adjudicated a child abuser;

(2)      unsuccessfully appealed the entry of the person's name in the central
registry under procedures established by the Department and this section; or

(3)      failed to respond within THE EARLIER OF:

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