Current through Register Vol. 51, No. 19, September 20, 2024
A. General.
(1) This regulation sets out the procedures
for filing requests with the Maryland Commission on Human Relations for the
inspection and copying of records under the Public Information Act, State
Government Article, §§
10-611 -10-630,
Annotated Code of Maryland.
(2) It
is the policy of the Commission to facilitate public access to the records of
the Commission, when that access is allowed by law, by minimizing costs and
time delays to persons requesting information.
(3) It is also the policy of the Commission
to safeguard and preserve the confidentiality of investigations of complaints
made under State Government Article, Title 20, Annotated Code of Maryland, by
restricting access to records when access is prohibited or restricted by
law.
B. Definitions.
(1) "Act" means the Public Information Act,
State Government Article, §§
10-611 -10-628,
Annotated Code of Maryland.
(2)
"Applicant" means a person requesting disclosure of public records.
(3) "Commission" means the Maryland
Commission on Human Relations.
(4)
Custodian or Official Custodian.
(a)
"Custodian" or "official custodian" means the person who is responsible for the
maintenance, care, and keeping of the public records of the
Commission.
(b) Unless otherwise
provided by law, the Executive Director or designee is the official custodian
of the Commission's records.
(5) "Executive Director" means the Executive
Director of the Maryland Commission on Human Relations, or designee.
(6) "Final disposition" means the:
(a) Commission has found no probable cause,
or has otherwise terminated its investigation;
(b) Administrative law judge and, if
applicable, the Commission's Appeal Board have rendered their decisions;
or
(c) Time to note an appeal to
the Commission's Appeal Board has passed.
(7) "Investigative case file" means any
record, regardless of physical form, generated or received by Commission staff
in the course of the investigation of a complaint alleging a violation of State
Government Article, §§
20-301"20-305,
20-401"20-402, 20-602, 20-606"20-607, 20-705"20-706, and 20-901"20-902, or
Health-General Article, §19-355, Annotated Code of Maryland, or the
Governor's Code of Fair Employment Practices, Order
01.01.2007.16C
(August 22, 2007), as amended, including the complaint itself and any documents
indicating the identity of a complainant or respondent until the stage of
public hearing.
(8) "Public
hearings" means any public hearing before either the Office of Administrative
Hearings or any federal or State court of law.
(9) Public Records.
(a) "Public records" means all papers,
correspondence, forms, books, photographs, photostats, films, microfilms, sound
recordings, video recordings, maps, drawings, or other written documents,
regardless of physical form or characteristics.
(b) "Public records" includes all copies made
or received by the Commission in connection with "investigative case files" as
defined in §B(7) of this regulation, and as set forth in Regulation .19E
of this chapter.
(c) "Public
records" includes salaries of all employees of the Commission.
(10) "Working day" means a day
other than Saturday, Sunday, or State holiday.
(11) "Written documents" means all books,
papers, maps, photographs, cards, tapes, recordings, computerized records, and
other documentary materials, regardless of physical form or
characteristics.
C.
Retention of Investigative Case Files. The custodian shall maintain, as a
public record of the Commission, all documents made or received by the
Commission contained in the investigative case files, for a period of 18 months
from the date of final disposition of the respective discrimination
charge.
D. Records Temporarily
Unavailable. If a requested public record is in the custody or under the
control of the person to whom written application is made but is not
immediately available for inspection or copying, the custodian shall, within 10
working days of the receipt of the request, so notify the applicant and set a
date and hour within a reasonable time for inspection or copying.
E. Records Destroyed or Lost. If a requested
record has been destroyed or lost, the custodian to whom the application is
made shall, within 10 working days of the request, notify the applicant of this
fact and explain in the response the reasons why the record cannot be
produced.
F. Who May Request. Any
person may request to inspect or copy public records of the
Commission.
