Current through Register Vol. 51, No. 19, September 20, 2024
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.
