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Terms Used In Maryland Code, CRIMINAL PROCEDURE 10-227

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(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 Court of Appeals under subsection (b) of this section.

(b) The Secretary by regulation and the Court of Appeals 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.