Md. Code Regs. 36.01.02.03

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

Section 36.01.02.03 - Open Meetings

A. Public Attendance.

(1) The public may attend and observe an open session of a Commission meeting.

(2) Except in instances when the Commission expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, no member of the public attending an open meeting may participate in the session.

B. Disruptive Conduct or Activity.

(1) A person attending an open session of the Commission may not engage in any conduct that disrupts the session or interferes with the opportunity of members of the public to attend and observe the session.

(2) The presiding officer may:

(a) Order any person who engages in conduct that disrupts a session, to be removed from the session;

(b) Request police assistance to restore order; and

(c) Recess the session while order is restored.

C. Recording, Photographing, and Broadcasting of Open Meetings.

(1) A member of the public, including a representative of the news media, may record discussions of the Commission at an open session by means of a tape recorder or another recording device if the device:

(a) Is operated from the individual's seat;

(b) Does not create a noise that disturbs members of the Commission or other persons attending the session;

(c) Does not otherwise interfere with another person's attendance or observation of the session; and

(d) Is operated openly so that it is obvious to those in attendance that the session is being recorded.

(2) A member of the public, including a representative of the news media, may photograph, videotape, broadcast, or televise the proceedings of the Commission at an open session by means of any type of camera if the camera:

(a) Is operated from a fixed position that does not block the view of another individual;

(b) Is operated without a flash or other form of excessively bright artificial light that disturbs members of the Commission or other persons attending the session;

(c) Does not otherwise interfere with another person's observation of or participation in the session;

(d) Is operated openly so that it is obvious to those in attendance that the session is being photographed or videotaped; and

(e) Does not create a noise that disturbs members of the Commission or other persons attending the session.

(3) Except with the unanimous consent of all members present at an open session of the Commission, a microphone may not be placed on the tables used by members of the Commission during an open session.

(4) Except during a recess of an open session of the Commission a person may not:

(a) Move about the meeting room when using a recording device, camera, or broadcasting or televising equipment; or

(b) Move a recording device, camera, or broadcasting or televising equipment from its initial location.

(5) The Commission may require any person who intends to record, photograph, videotape, broadcast, or televise an open session to register with the Commission at least 24 hours before the session begins.

(6) A representative from the news media who desires special arrangements for the use of a recording device, camera, or broadcasting or televising equipment in a manner not consistent with the provisions of this regulation may request these special arrangements in advance by contacting the Director.

D. Recordings Not Part of Record. A recording of an open session made by a member of the public, and any transcript derived from the recording, may not be considered a part of the record of any proceeding of the Commission.

Md. Code Regs. 36.01.02.03

Regulation .03 amended effective 42:6 Md. R. 515, eff.3/30/2015; amended effective 46:1 Md. R. 13, eff. 1/14/2019