WILLIAM DONALD SCHAEFER, Governor                            Ch. 318

(I) [15] 90 15 days to notice by the Department of the Department's
intent to enter the person's name in [the] A central registry; OR

(H) 30 DAYS OF A DECISION OR THE TIME REQUIRED FOR A
DECISION UNDER SUBSECTION (C) OF THIS SECTION.

[(e)](F) [On request by the person, the] THE Department shall remove the
name of a person suspected of abuse or neglect from [the] A central registry if no entry
has been made for that person for [7] 5 years [before the date of the request].

14-310.

(A) FOLLOWING AN INVESTIGATION REQUIRED UNDER THIS SUBTITLE, THE
DEPARTMENT OR A LOCAL DEPARTMENT MAY NOT MAINTAIN A REPORT OR
RECORD ALLEGING THAT A PERSON IS RESPONSIBLE FOR ABUSE, NEGLECT,
SELF NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT WITHOUT GIVING
THE PERSON NOTICE OF AND THE REASONS FOR THIS ACTION.

(B) (1) WITHIN 90 DAYS OF RECEIPT OF THE NOTICE REQUIRED IN
SUBSECTION (A) OF THIS SECTION, A PERSON SUSPECTED OF ABUSE, NEGLECT,
SELF NEGLECT, OR EXPLOITATION MAY REQUEST IN WRITING THE DEPARTMENT
OR A LOCAL DEPARTMENT TO AMEND OR EXPUNGE THE RECORD OR REPORT.

(2) ON RECEIPT OF A REQUEST TO AMEND OR EXPUNGE A REPORT, THE
DEPARTMENT OR A LOCAL DEPARTMENT SHALL REVIEW ALL RECORDS OR
REPORTS CONCERNING THE ABUSE, NEGLECT, SELF NEGLECT, OR EXPLOITATION.

(3)      WITHIN 30 DAYS OF RECEIPT OF A REQUEST TO AMEND OR
EXPUNGE A RECORD OR REPORT, THE DEPARTMENT OR A LOCAL DEPARTMENT
SHALL NOTIFY THE PERSON SUSPECTED OF ABUSE, NEGLECT, SELF NEGLECT, OR
EXPLOITATION OF ITS DECISION ON WHETHER THE REPORT OR RECORD SHOULD
BE AMENDED OR EXPUNGED, AND, IF THE REPORT IS TO BE AMENDED THE
MANNER OF THE AMENDMENT.

(4)      IF THE DEPARTMENT OR A LOCAL 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,
NEGLECT, SELF NEGLECT, OR EXPLOITATION MAY REQUEST A HEARING AS
PROVIDED IN SUBSECTION (C) OF THIS SECTION.

(5) THIS SUBSECTION MAY NOT BE CONSTRUED TO REQUIRE A PERSON
TO REQUEST TO AMEND OR EXPUNGE A REPORT OR RECORD BEFORE REQUESTING
A HEARING UNDER SUBSECTION (C) OF THIS SECTION.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, ON
REQUEST BY A PERSON SUSPECTED OF ABUSE, NEGLECT, SELF NEGLECT, OR
EXPLOITATION, THE DEPARTMENT OR A LOCAL DEPARTMENT SHALL HOLD AN
ADMINISTRATIVE HEARING FOR THE PURPOSE OF ALLOWING THE PERSON TO
APPEAL THE MAINTENANCE OF A RECORD OR REPORT OF ABUSE, NEGLECT,
SELF NEGLECT, OR EXPLOITATION.

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