# COMAR Title 01 — Executive Department

## Subtitle 02 — Secretary of State

### Chapter 05 — Access to Public Records

**Authority:** State Government Article, §10-613, Annotated Code of Maryland

**Administrative History:** Effective date: August 31, 1981 (8:17 Md. R. 1419)

**Administrative History:** Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)

**Administrative History:** Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)

**Administrative History:** Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)

**Administrative History:** Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)

**Administrative History:** Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)

**Administrative History:** Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)

**Administrative History:** Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)

**Administrative History:** Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)

**Administrative History:** Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)

**Administrative History:** Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)

#### Regulation .01 General.

*COMAR 01.02.05.01*

These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.

#### Regulation .02 Definitions.

*COMAR 01.02.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means the provisions of State Government Article, §§10-611—10-628, Annotated Code of Maryland.

  (2) “Applicant” means a person or governmental unit that asks to inspect a public record.

  (3) “Office” means the Office of the Secretary of State.

  (4) “Office custodian”, or “custodian”, means the Secretary of State or the Secretary's designee who has physical custody and control of a public record.

  (5) “Official custodian” means the Secretary of State.

  (6) Public Record.

    (a) “Public record” means the original or any copy of any documentary material that:

      (i) Is made by a unit or instrumentality of the State government or of a political subdivision or received by the unit or instrumentality in connection with the transaction of public business; and

      (ii) Is in any form, including a card, computerized record, correspondence, drawing, film or microfilm, form, map, photograph or photostat, recording, or tape.

    (b) “Public record” includes a document that lists the salary of an employee of a unit or instrumentality of the State government or of a political subdivision.

  (7) “Secretary” means the Secretary of State of Maryland.

  (8) “Working day” means every day except Saturdays, Sundays, and holidays, between the hours of 9 a.m. and 5 p.m.

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

#### Regulation .03 Who May Request.

*COMAR 01.02.05.03*

A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.

#### Regulation .04 Necessity for Written Request.

*COMAR 01.02.05.04*

The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record may be required to provide the Office with a receipt for materials provided.

#### Regulation .05 Contents of Written Request.

*COMAR 01.02.05.05*

A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.

#### Regulation .06 Filing the Request.

*COMAR 01.02.05.06*

A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.

#### Regulation .07 Response to Request.

*COMAR 01.02.05.07*

A. Within 10 working days of the receipt of the written request, the Office custodian shall respond to the written request for a record. This time period period may be extended for a period not to exceed an additional 20 working days if the custodian notifies the applicant in writing that the additional time is needed to respond to the request.

B. If the custodian denies the person access to a requested record or any portion of it, the custodian shall provide the applicant, within 10 working days of the denial, with a written statement of the grounds for the denial, which shall cite the statute or regulation under which access is denied, and remedies available for review of the denial under the Act or this chapter.

C. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.

#### Regulation .08 Notification of Persons Who May Be Affected by Disclosure.

*COMAR 01.02.05.08*

Unless prohibited by law, the Office custodian may notify any person who could be adversely affected by disclosure of a record to the applicant, that a request for inspection or copying of a record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.

#### Regulation .09 Records Not in the Custody and Control of the Person Receiving the Request.

*COMAR 01.02.05.09*

If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location of the record.

#### Regulation .10 Records Temporarily Unavailable.

*COMAR 01.02.05.10*

If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.

#### Regulation .11 Records Destroyed or Lost.

*COMAR 01.02.05.11*

If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances which led to the custodian's inability to produce the record.

#### Regulation .12 Review of the Denial.

*COMAR 01.02.05.12*

If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.

#### Regulation .13 Disclosure Against Public Interest.

*COMAR 01.02.05.13*

If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Office custodian in the same manner provided for service of process by the Maryland Rules of Procedure.

#### Regulation .14 Fees.

*COMAR 01.02.05.14*

A. Fee Schedule.

  (1) The charge for each copy is 30 cents per page. However, when records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be determined on a case-by-case basis at actual cost.

  (2) Charges may also be made for all postage and other mailing costs.

B. If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.

C. If the custodian is unable to copy a record within the Office, he shall make arrangements for the prompt reproduction of the record at public or private facilities. The custodian shall collect from the applicant a fee that will be determined on the basis of actual cost.

D. Instead of collecting a fee from the applicant, the Office may allow the applicant to pay it directly to the public or private facility making the copy, printout, or photograph of the file.

E. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.

F. If the applicant requests the custodian to waive or reduce any fee charged pursuant to this chapter (for example, if the applicant asserts an inability to pay), the custodian may waive or reduce the fee after determining that the waiver or reduction is in the public interest.

G. Providing Lists.

  (1) The Secretary may provide lists of public information in the records maintained by the Office to those persons who request them but may not provide a notary public list under this section for the purpose of telephone solicitation.

  (2) The Secretary shall charge a reasonable fee, not less than the cost of producing the list and not less than 5 cents per entry, for any list furnished under this section.

  (3) The Secretary may charge a reduced fee to persons requesting a list for governmental or not-for-profit purposes.

  (4) A person furnished any information under this section may not distribute or otherwise use the information for any purpose other than that for which it was furnished.

#### Regulation .15 Time of Inspection.

*COMAR 01.02.05.15*

An applicant may inspect any public record during the normal working hours of the Office.

#### Regulation .16 Place of Inspection.

*COMAR 01.02.05.16*

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