Md. Code Regs. 14.14.01.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.14.01.05 - Public Records

A. General. All records of the Board are subject to inspection and copying as provided in the Public Information Act, Article 76A,§ 1-5 A, Annotated Code of Maryland. It is the policy of the Board to facilitate public access to the records of the Board, when access is allowed by law, by minimizing costs and time delays to persons requesting information.

B. Definitions.

(1) "Custodian" means an authorized person employed by the Board having personal custody and control of public records of the Board.

(2) "Information requester" means a person requesting disclosure of public records.

(3) "Official custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Board. Unless otherwise provided by law, the Secretary is the official custodian of the Board's records.

(4) "Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. "Public records" includes all copies made or received by the Board in connection with the transaction of public business and includes the salaries of all employees of the Board.

(5) "Working day" means a day other than a Saturday, Sunday, or a State holiday.

(6) "Written documents" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

C. Who May Request. Any person may request to inspect or copy public records of the Board.

D. Necessity for Written Request.

(1) Inspections.

(a) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an information requester without demanding a written request.

(b) The custodian shall require a written request if the custodian reasonably believes that the Public Information Act or any other law may prevent the disclosure of the record to the information requester or that a written request will materially assist the Board in responding to the request.

(2) Copies. If the information requester is requesting a copy of any public record, the custodian may require a written request by the information requester.

E. Contents of Written Request. A written request shall:

(1) Contain the information requester's name and address;

(2) Be signed by the information requester; and

(3) Reasonably identify by brief description the record sought.

F. Filing Written Request. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the information requester, the request may be addressed to the Secretary.

G. Response to Written Request.

(1) If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request where the period of time is needed to retrieve the information.

(2) If the custodian decides to deny the written request, he shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the information requester of the denial.

(3) If a requested public record is not in the custody or control of the person to whom written request is made, that person shall, within 10 working days of the receipt of the request, notify the information requester. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the information requester.

(4) With the consent of the information requester, any time limit imposed by §G(1)-(3) above, may be extended for an additional period not to exceed 30 days.

H. Notification of Persons Who May be Affected by Disclosure. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the information requester that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the information requester.

I. Records Temporarily Unavailable. If a requested public record is in the custody and control of the person to whom written request is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, notify the information requester and set a date and hour within a reasonable time for inspection or copying.

J. Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom the request is made shall, within 10 working days of the request, notify the information requester of this fact and explain in the response the reasons why the record cannot be produced.

K. Review of the Denial.

(1) If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the information requester may, within 30 days after receipt of the notice of the denial, request an administrative hearing.

(2) If the information requester requests a hearing, the hearing shall be conducted by a hearing officer designated by the Chairman and the hearing shall be governed by the Administrative Procedure Act,§ 251-254, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Board. The Chairman shall issue the final decision of the Board.

(3) If the hearing results in a total or partial denial of the written request, the information requester may file an appropriate action in the circuit court under§ 5 of the Public Information Act.

(4) If the information requester chooses not to request a hearing under§K(1), above, the information requester may file an action for judicial enforcement under§ 5 of the Public Information Act without exhausting that administrative remedy.

L. Disclosure Against Public Interest. If, in the opinion of the Board disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Chairman may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the information requester in the same manner that is provided for service of process by the Maryland Rules of Procedure.

M. Fees.

(1) The fee schedule for copying and certifying copies of records is as follows:

(a) Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Board's offices. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of reproduction.

(b) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page shall be charged.

(c) Minimum Fee Charged. A charge will not be made if the total amount of the fee is $1 or less.

(2) Notwithstanding§M(1), above, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Public Information Act or this regulation, the prescribed fee shall be charged.

(3) If the custodian is unable to copy a record within the Board's offices, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Board's offices. The custodian shall either collect from the information requester a fee to cover the actual cost of reproduction or direct the information requester to pay the cost of reproduction directly to the facility making the copy.

(4) Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the information requester to pay the cost or demand prepayment of any estimated fee before reproducing the record.

(5) Except as provided in§M(6), below, the Secretary may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying.

(6) The Secretary may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

(7) Upon request, the Secretary may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The Secretary shall consider, among other relevant factors, the ability of the information requester to pay the cost or fee.

(8) If the information requester requests that copies be mailed or delivered to the information requester, the custodian may charge the information requester for the cost of postage or delivery to the information requester.

N. Time of Inspection. An information requester may inspect any public record that he is entitled to inspect during the normal working hours of the Board.

O. Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the information requester's expressed wish, determines that another place of inspection is more suitable and convenient.

Md. Code Regs. 14.14.01.05