(a) An individual with developmental disability or person who is authorized to act on behalf of the individual may: (1) Contest a record that the licensee keeps on the individual; (2) Ask for an addition to or other change in the record; and (3) Contest disclosure of the record. (b) Within 14 days after a licensee receives a request to change a record, the licensee shall acknowledge receipt of the request. (c) (1) Within 14 days after a licensee acknowledges receipt of the request, the licensee shall: (i) Make or refuse to make the requested change; and (ii) Give the person who requested the change written notice of the licensee's action. (2) A notice of refusal shall contain: (i) Each reason for the refusal; and (ii) Any procedures that the Deputy Secretary has set for review of the refusal. (d) (1) An individual with developmental disability or person who is authorized to act on behalf of the individual may ask the Deputy Secretary to review the refusal. (2) Within 45 days after the request for review, the Deputy Secretary shall: (i) Complete the review; (ii) Make a final determination; and (iii) Give the individual with developmental disability or person who is authorized to act on behalf of the individual written notice of the final determination. (e) If the final determination of the Deputy Secretary is a refusal to change a record, the written notice shall include: (1) Each reason for the refusal; (2) The procedure for inserting in the record a concise statement of the reason that the individual with developmental disability or person who is authorized to act on behalf of the individual disagrees with that refusal; and (3) Information on the right to seek judicial review of the decision of the Deputy Secretary.
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