This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, which are maintained by the Department of Natural Resources. These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with State Government Article, §§10-611—10-628, Annotated Code of Maryland, the statute controls. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual or governmental unit that requests the inspection and reproduction of a public record. “Custodian” means the official custodian who is an officer or employee of the Department, or of a political subdivision, who is responsible for keeping the public record, whether the officer or employee has physical custody and control of a public record. “Department” means the Department of Natural Resources. “Public record” means the original or a copy of any documentary material that is made by a unit or instrumental to the Department or received in connection with the transaction of public business, and is in any form, including: A card; A computerized record; Correspondence; A drawing; Film or microfilm; A form; A map; A photograph or photostat; A recording; or A tape. “Secretary” means the Secretary of Natural Resources. An applicant may request to inspect or copy public records of the Department. An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian. A written request shall: Contain an applicant's name, address, and phone number; Be signed by the applicant; and Identify by brief description the public record requested. A written request shall be addressed to the custodian of the record by using the custodian's name or title, and to the unit and program maintaining the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary, and shall include as much identifying information about the request as possible. If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request. If the custodian denies the written request, the custodian shall do so within 30 days of receipt of the written request. The custodian shall immediately notify the applicant of the denial, and within 10 working days of the denial provide the applicant with a written statement that gives: The reasons for the denial; The legal authority for the denial; and Notice of the remedies available under State Government Article, §§10-611—10-628, Annotated Code of Maryland, for review of the denial. If a requested public record is not in the custody or control of the individual to whom written application is made, the individual shall notify the applicant within 10 working days of the receipt. If the individual 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 applicant. With the consent of the applicant, any time imposed by this regulation may be extended. The custodian shall deny inspection of a public record as required under State or federal law. The custodian may deny inspection of a public record as permitted under State or federal law. Except for use in carrying out its governmental functions, the custodian shall not disclose, and shall deny inspection or copying of, any part of a public record that contains sociological information relating to an individual. For purpose of this section, sociological information means: Social Security number; Personal address; Personal telephone number; Personal email address; Medical history; Educational history; Work history; Military service; Financial information; Religious preference, membership, and attendance; Personal relationships, beliefs, and values; Genealogical charts; and Family history. If the requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying. If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of the reasons why the record cannot be produced. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request. Hearing Procedures. If an applicant requests a hearing, the hearing shall be conducted by the Secretary, an administrative law judge employed by the Office of Administrative Hearings, or the Secretary's designee. The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04. After the hearing, the designee shall prepare a decision for the Secretary. The Secretary shall issue the final decision of the Department within 30 days of the receipt of the recommended decision. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland. The applicant need not exhaust the administrative remedy provided under §A of this regulation before filing suit. If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, §§10-611—10-628, Annotated Code of Maryland, would do substantial injury to the public interest, the custodian may temporarily deny the request, and within 10 working days of the denial, petition the appropriate circuit court for an order permitting continued denial or restriction of access. The Department shall serve a copy of the petition on the applicant as provided for service of process by Courts and Judicial Proceedings Article, §6-301, Annotated Code of Maryland. Fee Schedule for Certifying and Copying a Record. Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Department. If the public records are not susceptible to photocopying, for example, punch cards, magnetic tapes, drawings, maps, blueprints, microfilm slides, or photographs, the fee for copies is based on the actual cost of reproduction, as determined by the custodian. Documents More Than 25 Pages. If the public record requested to be reproduced is more than 25 pages, the custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee. Certification of Copies. If an applicant requests that a copy of a public record be certified as a true copy, the custodian shall charge an additional fee of $1 per record. Computer Printouts. If the Department is required to provide a computer printout, the charge for the printout includes: The computer and peripheral equipment usage; Programming; and Material costs. Search Fees. Except as provided in §A(5)(b) of this regulation, the custodian may charge reasonable fees for the search and preparation of public records for inspection and copying, in addition to the cost for reproduction. The custodian may not charge search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information. If the fees for copies, printouts, photographs, or certified copies of a public record are specifically prescribed by a law other than State Government Article, §§10-601—10-628, Annotated Code of Maryland, or this chapter, the prescribed fee shall be charged by the custodian. If the custodian is unable to copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either 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. Before reproducing a public record, the custodian shall estimate the cost of reproduction including any search fee, and either: Obtain the written agreement of the applicant that the cost shall be paid; or Request prepayment of the estimated fee before reproducing the record. If an applicant requests that copies be mailed or delivered to the applicant, the cost of postage or delivery shall be charged to the applicant. The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the: Item requested is promotional in nature or is routinely distributed to the public; Item may be reproduced free of charge; or Applicant is unable to pay for the costs of reproduction. The decision of the custodian to waive or reduce a fee is within the sole discretion of the custodian, and the decision is final. Natural Resources Article, §1-104; State Government Article, §10-613; Annotated Code of Maryland Effective date: July 6, 1992 (19:13 Md. R. 1201) Regulation .06G adopted effective October 14, 2002 (29:20 Md. R. 1586) Regulation .09B amended effective April 5, 2010 (37:7 Md. R. 569)