- A. Except in a case of a finding of homicide, a person in interest as defined in General Provisions Article, §4-101, Annotated Code of Maryland, may request the Office of the Chief Medical Examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under General Provisions Article, §4-502, Annotated Code of Maryland within 180 days after a medical examiner files those findings and conclusions in accordance with Health-General Article, §5-309(d), Annotated Code of Maryland.
- B. A person in interest, has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
C. The request to correct the findings and conclusions on a death certificate shall:
- (1) Be in writing to the Chief Medical Examiner;
- (2) Describe the requested change precisely; and
- (3) State the reasons for the change.
- D. Within 60 days after receiving the request in §C of this regulation, the Chief Medical Examiner shall provide the person in interest written notice of the action taken.
- E. If the Chief Medical Examiner denies the request to correct findings and conclusions on the cause of death, the person in interest may appeal the denial in writing within 15 days to the Secretary. The Secretary shall refer the matter within 15 days of receipt to the Office of Administrative Hearings.
- F. An administrative law judge shall conduct a hearing both on the denial and on the establishment of the findings and conclusions on the cause of death.
G. Upon reviewing the findings of fact submitted by an administrative law judge, the Secretary or the Secretary's designee shall issue an order within 60 days to:
- (1) Adopt the findings of the administrative law judge; or
- (2) Reject the findings of the administrative law judge and affirm the findings of the medical examiner.
- H. If the Secretary or Secretary's designee rejects the findings of an administrative law judge, the person in interest may appeal that rejection to a circuit court of competent jurisdiction under Maryland law.
- I. If the final decision of the Secretary or the Secretary's designee, or of a court of competent jurisdiction on appeal establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall amend the certificate to reflect the different finding or conclusion.
- J. The medical examiner shall send a change letter to the Division of Vital Records to amend the certificate of death, to reflect the final decision of the Secretary or Secretary's designee, or a court of competent jurisdiction.
- K. The final decision of the Secretary or the Secretary's designee, or of a court in an appeal under this regulation, may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.
- L. If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing, based on the billing rate established by the Office of Administrative Hearings. Otherwise, the Department is responsible for the costs.
Authority: Health-General Article, §§5-301 et seq., Estates and Trusts Article, §4-509; Annotated Code of Maryland
Effective date: July 13, 1939
Amended December 22, 1950; February 27, 1951; May 15, 1951; June 26, 1951; January 15, 1963; October 22, 1963
Chapter revised effective August 2, 1993 (20:15 Md. R. 1220)
Regulation .01B amended effective May 5, 2008 (35:9 Md. R. 898); November 24, 2014 (41:23 Md. R. 1373); May 11, 2026 (53:9 Md. R. 414)
Regulation .02 amended effective November 24, 2014 (41:23 Md. R. 1373); May 11, 2026 (53:9 Md. R. 414)
Regulation .03 amended effective May 5, 2008 (35:9 Md. R. 898); May 11, 2026 (53:9 Md. R. 414)
Regulation .06B, C amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .08B amended effective May 5, 2008 (35:9 Md. R. 898); November 24, 2014 (41:23 Md. R. 1373); May 11, 2026 (53:9 Md. R. 414)
Regulation .11 amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .12A, C amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation 13A, B amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .14 amended effective November 24, 2014 (41:23 Md. R. 1373); May 11, 2026 (53:9 Md. R. 414)
Regulation .14C amended effective May 5, 2008 (35:9 Md. R. 898)
Regulation .14D amended effective August 29, 2016 (43:17 Md. R. 955)
Regulation .16 amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .18A, C amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .19A, B amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .19C, E amended effective November 24, 2014 (41:23 Md. R. 1373)
Regulation .19E amended as an emergency provision effective July 1, 2006 (33:15 Md. R. 1275); amended permanently effective November 6, 2006 (33:22 Md. R. 1733)
Regulation .19E amended effective December 31, 2018 (45:26 Md. R. 1246); May 11, 2026 (53:9 Md. R. 414)
Regulation .20E amended effective May 11, 2026 (53:9 Md. R. 414)
Regulation .20F amended effective May 5, 1997 (24:9 Md. R. 657); November 24, 2014 (41:23 Md. R. 1373)
Regulation .20F amended as an emergency provision effective July 1, 2006 (33:15 Md. R. 1275); amended permanently effective November 6, 2006 (33:22 Md. R. 1733)
Regulation .20F amended effective May 5, 2008 (35:9 Md. R. 898); August 19, 2024 (51:16 Md. R. 742)
Regulation .21 adopted effective November 24, 2014 (41:23 Md. R. 1373)