§ 10-227

Maryland § 10-227

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 10

Text

(a) A person aggrieved by a decision of a criminal justice unit concerning the inspection of or a challenge to criminal history record information under this subtitle may file an administrative appeal of the decision in accordance with regulations adopted by the Secretary and rules adopted by the Supreme Court of Maryland under subsection (b) of this section.

(b) The Secretary by regulation and the Supreme Court of Maryland by rule shall adopt appropriate procedures for administrative appeals from a decision by a criminal justice unit to deny a person the right to inspect or challenge criminal history record information.

(c) The rules and regulations adopted under subsection (b) of this section shall include provisions for:

(1) the forms, way, and time for filing an appeal;

(2) the official or panel that will hear the appeal;

(3) hearing and making a decision on the appeal; and

(4) carrying out the decision on the appeal.

(d) A person, the Central Repository, or a criminal justice unit that is aggrieved by a decision on an administrative appeal may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases) and the Maryland Rules.