This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of the Attorney General for the inspection and copying of public records of the Office. It is the policy of the Office of the Attorney General to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland. “Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland. “Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland. “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland. “Office” means the Office of the Attorney General. “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland. “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act. “Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland. “Reasonable Fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland. “Working day” means a day other than a Saturday, Sunday, State holiday, or other day on which the Office is not open for official business. Unless otherwise provided by law, the Attorney General is the official custodian of the public records of the Office. Any person may request to inspect or copy public records of the Office. Inspection. Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that: The Act or any other law may prohibit the disclosure of one or more public records to the applicant; or A written request will materially assist the Office in responding. Copies. If the applicant requests a copy of any public record of the Office, the custodian may require a written request. A written request shall: Contain the applicant’s contact information; and Reasonably identify, by brief description, the public record sought. A request to inspect or copy a public record shall be addressed to the custodian of the record or to the Office’s representative for public records requests as designated under General Provisions Article, §4-503, Annotated Code of Maryland. If the custodian is unknown, the request may alternatively be addressed to the Attorney General. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection: Immediately; or If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request: The amount of time that the custodian anticipates it will take to produce the public record; An estimate of the range of fees that may be charged to comply with the request for public records; and The reason why it will take more than 10 working days to produce the records. If the custodian decides to deny a request for inspection, the custodian shall: Deny the request promptly and not more than 30 days after the request, except as otherwise provided by law; and Immediately notify the applicant of the denial. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives: The reason or reasons for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of: Why the denial is necessary, that is, why disclosure of the public record would be contrary to the public interest; and Why redacting information would not address the reasons for the denial; The legal authority for the denial; Without disclosing the protected information, a brief description of the undisclosed record or records that will enable the applicant to assess the applicability of the legal authority for the denial; and Notice of the remedies available for review of the denial. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant: That the person does not have custody or control of the requested public record; and If the person knows: The name of the custodian of the public record; and The location or possible location of the public record. Any time limit imposed by §§A—C of this regulation may be extended: With the consent of the applicant, for an additional period of up to 30 days; and For the period of time during which a dispute is pending before the Public Access Ombudsman, as permitted by General Provisions Article, §4-203(d)(2), Annotated Code of Maryland. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: The public record is in a searchable and analyzable electronic format; The applicant requests a copy of the public record in a searchable and analyzable electronic format; and The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if: Requested by the applicant; and The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data. The custodian is not required to: Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained; or Create, compile, or program a new public record. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by: Using a software program or function; or Converting the electronic record into a different searchable and analyzable format. If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly: Notify the applicant that the public record is not available; and Explain the reasons why the public record cannot be produced. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362(a)(1), Annotated Code of Maryland, without pursuing the remedies set forth in General Provisions Article, Title 4, Subtitles 1A and 1B, Annotated Code of Maryland. Denial Pending Court Order. If, in the opinion of the Attorney General, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Attorney General may temporarily deny the request and seek a court order allowing continued nondisclosure. A temporary denial shall be in writing. Circuit Court Review. Within 10 working days after the denial, the Attorney General shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the Attorney General's complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Office is as follows: For each copy made by a standard printer or photocopying machine within the Office, 25 cents per page; For each copy made other than by a standard printer or photocopying machine within the Office, the actual cost of reproduction; and For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item. Minimum Fee. A charge may not be made if the total fee is $1 or less. If the fee for copies or certified copies of any public record of the Office is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee. If the custodian cannot copy a public record within the Office, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Office. The custodian shall: Collect from the applicant a fee to cover the actual cost of reproduction; or Direct the applicant to pay the cost of reproduction directly to the facility making the copy. If the custodian intends to charge a fee, before copying a public record of the Office or otherwise disclosing public records to the applicant, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and may either: Obtain the agreement of the applicant to pay the cost; or Require prepayment of all or a portion of the cost. Search and Preparation Fee. Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Office spends to: Search for requested public records; Review requested public records for potential disclosure; and Prepare public records for inspection and copying. The custodian shall determine the fee under §F(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying. The custodian may not charge a fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection. Waiver or Reduction of Fee. The custodian may waive or reduce any fee under this regulation if: The applicant requests a waiver; and The custodian determines that: The waiver or reduction is in the public interest; or The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency. In determining whether a fee waiver is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery. An applicant may inspect any public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office, subject to the ability of the custodian, if a record is not immediately available for inspection, to schedule a mutually agreeable date within a reasonable amount of time that comports with any applicable deadlines under the Act. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant's expressed wish, determines that another place is more suitable and convenient. For purposes of this regulation, “sociological information” means: Social Security number; Personal street address; Personal phone number; Date of birth; and Driver’s license number. Except for use in carrying out the custodian’s governmental functions or except as further provided in §C of this regulation, a custodian may not disclose under the Act, and shall deny a request for inspection or copying of, any part of a public record that contains sociological information relating to an individual. A custodian may disclose sociological information: To other public officials and employees in the performance of their public duties; To the person in interest or the agent or representative of the person in interest; With the consent of the person in interest; Pursuant to a duly issued subpoena; Pursuant to a court order; If disclosure is otherwise required by law, including if required to be disclosed under General Provisions Article, §4-333, Annotated Code of Maryland, as part of a licensing record; or If disclosure is otherwise permitted by law and the Attorney General or the Attorney General’s designee determines that disclosure would be in the public’s best interests. General Provisions Article, §§4-101—4-601, Annotated Code of Maryland Effective date: August 18, 2003 (30:16 Md. R. 1073) Chapter revised effective May 30, 2022 (49:11 Md. R. 609) This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of the Attorney General. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Office” means the Office of the Attorney General. “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland. “Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland. A person in interest may request that the Office correct or amend any public record that: The Office keeps; and The person in interest is authorized to inspect. A person in interest shall make a request to correct or amend a public record in writing. The request shall: Identify the public record to be corrected or amended; State the precise correction or amendment requested; State the reason for the correction or amendment; and Include a statement that, to the best of the requester's belief, the public record is inaccurate or incomplete. A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Attorney General. The Office shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with: An explanation of the reason for the return; and A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted. Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall: Make the requested correction or amendment, and inform the requester in writing of the action; or Inform the requester in writing that the Office will not: Make the requested correction or amendment, and the reason for the refusal; or Act on the request because: The requester is not a person in interest; The requester is not authorized to inspect the record; or Of any other reason authorized by law. If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise statement of the reasons for: The requested correction or amendment; and The person's disagreement with the refusal of the Office to make the correction or amendment. The statement submitted under Regulation .08 of this chapter shall: Be on pages not larger than 8-1/2 × 11 inches; Use only one side of each page; and Consist of not more than five pages. If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party. A person may request administrative review under this regulation if the Office: Has refused the person's request to correct or amend a public record under Regulation .07 of this chapter; Has rejected the person's statement of disagreement under Regulation .08 of this chapter; or Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter. A request for review shall be filed with the Attorney General within 30 days after the requester is advised of the Office’s action. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. General Provisions Article, §4-502, Annotated Code of Maryland Effective date: August 18, 2003 (30:16 Md. R. 1073) Regulation .2B amended effective May 30, 2022 (49:11 Md. R. 609) Regulation .11B amended effective May 30, 2022 (49:11 Md. R. 609) This chapter sets out the “Instructions on Current Life-Sustaining Treatment Options” form developed by the Office of the Attorney General and certain related procedures and requirements. In this chapter, the following terms have the meanings indicated. Terms Defined. “Advance directive” has the meaning stated in Health-General Article, §5-601(d), Annotated Code of Maryland. “Agent” has the meaning stated in Health-General Article, §5-601(c), Annotated Code of Maryland. “Facility” has the meaning stated in Health-General Article, §19-343(a), Annotated Code of Maryland. “Form” means the “Instructions on Current Life-Sustaining Treatment Options” form required to be developed pursuant to Health-General Article, §6-608.1, Annotated Code of Maryland. “Health care provider” has the meaning stated in Health-General Article, §5-601(k), Annotated Code of Maryland. “Medical record” has the meaning stated in Health-General Article, §4-301(g), Annotated Code of Maryland. “Patient” has the meaning stated in Health-General Article, §4-301(j), Annotated Code of Maryland. “Prepare” means to: Assist a patient or proxy in making entries on a form; and Obtain the signatures required on the form. “Proxy” means the agent or surrogate decision maker who is making health care decisions on behalf of a patient in accordance with the Health Care Decisions Act, Health-General Article, §§5-601—5-618, Annotated Code of Maryland. “Resident” means a patient who has been admitted to a facility. “Surrogate decision maker” means an individual who makes health care decisions for a patient pursuant to Health-General Article, §5-605, Annotated Code of Maryland. The form shall consist of two sides of a single sheet of paper. The format and contents of the form are as follows: Use of the form by a patient or proxy is voluntary. A patient or proxy may make an entry on some parts of the form and decline to do so on other parts. Any health care provider may offer the form to: A patient who has the capacity to use the form; or A proxy on behalf of a patient who lacks the capacity to use the form. A facility shall, with reasonable promptness after a resident's admission, offer the form to: A resident who has the capacity to use the form; or A proxy on behalf of a resident who lacks the capacity to use the form. If a resident or proxy who has been offered the form by a facility declines to use it, the facility shall document: The date of the offer; The identity of the individual who offered the form; and The identity of the individual who declined the use of the form. A patient or proxy who is considering use of the Form shall be offered assistance by: The patient's attending physician; or Another health care provider who: Has been determined by the attending physician to have the knowledge and skills to properly conduct a discussion about the form; and Acts under the general direction of the attending physician. If the form is used by a proxy on behalf of a patient who has an advance directive in the patient's medical records, the health care provider preparing the form shall take reasonable steps to ensure that entries made by the proxy are consistent with the advance directive. A patient or proxy that completes any part of the form shall initial that part. The form shall be signed by: The patient or proxy; The patient's attending physician; and If another health care provider prepared the form, that health care provider. A health care provider may initial a part of a form or sign a form on behalf of a patient or proxy if: The patient or proxy is unable to initial or sign personally; The patient or proxy expressly directs the health care provider to initial or sign on behalf of the patient or proxy; and The health care provider documents the circumstances in the patient's medical record. A form prepared in accordance with Regulation .06 of this chapter is a medical record of the patient. In a facility, the form shall be maintained visibly at the front of the patient's active chart. A health care provider that has prepared the form for a patient or proxy shall include a complete and unaltered copy of the form in the records that physically accompany the patient upon transfer to the care of another health care provider. If a health care provider, for good cause, is unable to include the form in the records that physically accompany a patient upon transfer, the facility shall promptly transmit by facsimile or make available by electronic means a complete and unaltered image of the form to the other health care provider. A health care provider that receives the form shall make it available to the patient's attending physician for review before the issuance of medical orders on matters addressed by entries on the form. A health care provider may freely copy, store electronically and subsequently print, or otherwise reproduce the form. A health care provider may: Include on the form additional identifying information about a patient; or Alter the spacing or position of identifying information about a patient. A health care provider may not alter the contents or format of the form other than as provided in §B of this regulation. A health care provider who, in good faith, issues medical orders based on the form prepared in accordance with Regulation .06 of this chapter is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland. If medical orders are issued based on the form prepared in accordance with Regulation .06 of this chapter, a health care provider that, in good faith, provides, withholds, or withdraws treatment in furtherance of those orders is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland. Health-General Article, §5-608.1, Annotated Code of Maryland Effective date: October 1, 2005 (32:15 Md. R. 1316) Regulation .01 amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .02B amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .03 repealed and new Regulation .03 adopted effective April 1, 2008 (35:3 Md. R. 288) Regulation .05 amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .06C amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .06E adopted effective April 1, 2008 (35:3 Md. R. 288) Regulation .07A amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .08B amended effective April 1, 2008 (35:3 Md. R. 288) Regulation .10 amended effective April 1, 2008 (35:3 Md. R. 288) These regulations are promulgated pursuant to State Government Article, §20-1048(a), Annotated Code of Maryland, to promote cooperation between the Attorney General and the Maryland Commission on Civil Rights in areas in which the agencies have overlapping jurisdiction. In this chapter, the following terms have the meanings indicated. Terms Defined. “Attorney General” means the Attorney General of Maryland as established by Article V of the Constitution of the State of Maryland. “Maryland Commission on Civil Rights” or “MCCR” means the State agency established by State Government Article, §20-201, Annotated Code of Maryland. The Commission and the Attorney General retain all authorities granted to them by law. Nothing in these regulations limits either MCCR or the Attorney General from taking an enforcement action within its authority. MCCR shall retain jurisdiction to: Investigate individual complaints filed with MCCR; Require a respondent to answer charges of a certified complaint at a public hearing before an administrative law judge, pursuant to State Government Article §§20-1008 and 20-1027; Annotated Code of Maryland. Assert claims of an unlawful discriminatory practice in employment, housing, public accommodations, commercial leasing, State contracts, health services, and health facilities pursuant to State Government Article Title 20; Annotated Code of Maryland Assert claims of an unlawful employment practice arising from a certified complaint in a civil action pursuant to §20-1012; Annotated Code of Maryland. Assert claims of an unlawful housing practice arising from a certified complaint in a civil action pursuant to State Government Article, §20-1032; Investigate discriminatory acts by a unit, officer, or employee of the State, a county, or a municipality; and Initiate a Commission complaint of discrimination pursuant to State Government Article, §§20-1004(d) and 20-1036, Annotated Code of Maryland. The Attorney General shall retain jurisdiction to investigate, prosecute, and remediate acts of discrimination prohibited under the U.S. Constitution, the Maryland Constitution, state law or federal law. To the extent necessary and appropriate to facilitate the shared mission of enforcing civil rights laws, MCCR and the Attorney General shall share information regarding potential civil rights violations. MCCR and the Attorney General shall maintain an agreement delineating the requirements of information sharing. MCCR and the Attorney General shall maintain the confidentiality of joint investigations pursuant to State Government Article, §20-1101, Annotated Code of Maryland. MCCR will not disclose information to the Attorney General regarding claims against entities represented by the Attorney General other than through its ordinary case processing procedures or pursuant to legal process. MCCR and the Attorney General shall meet no less than three times each year to share information concerning observed patterns of civil rights violations and enforcement actions. If MCCR determines that complaints of civil rights violations may fall within the jurisdiction of the Attorney General, MCCR may refer the complaints to the Attorney General. The Attorney General may investigate, prosecute, and remediate civil rights violations referred by MCCR, but is not required to do so. Pursuant to State Government Article, §20-1041(b)(1), Annotated Code of Maryland, the Attorney General does not have the authority to investigate, prosecute, and remediate civil rights violations on behalf of an individual. The Attorney General may refer these matters to MCCR. The Attorney General may advise the claimant that it is declining the matter and provide information regarding the process for filing a complaint with MCCR. The Attorney General may provide the information received from the claimant directly to MCCR. MCCR will address all referrals in accordance with its ordinary complaint processing procedures. MCCR and the Attorney General may jointly investigate, prosecute, and remediate conduct that constitutes a civil rights violation when it serves the public interest. Parallel investigations are permitted in appropriate circumstances after conferral between the Attorney General and MCCR. State Government Article §20-1048(a), Annotated Code of Maryland Effective date: August 4, 2025 (52:15 Md. R. 811)