Chapter 04. Public Information Act Requests
Regulation .01 General.LinkCopy Citation
A.
These regulations set out procedures for filing requests with the Maryland Department of Labor (the Department) for the inspection and copying of records under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
B.
It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.
Regulation .02 Definitions.LinkCopy Citation
A.
Unless otherwise noted, the definitions set forth in General Provisions Article, Title 4, Annotated Code of Maryland, apply in this chapter.
B.
“Custodian” means the Secretary of the Department or the Secretary’s designee employed by the Department who has personal custody and control of public records of the Department.
C.
“PIA Coordinator” means the Department employee who is responsible for accepting, monitoring, and, with advice from the Department’s legal staff, processing of requests for public records.
D.
“Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, to address disputes under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
E.
“Secretary” means the Secretary of Labor.
F.
“Working day” means a day other than Saturday, Sunday, a State holiday, or a day of State emergency closure.
G.
“Written documents” means all books, papers, copies of electronic communications, maps, photographs, cards, tapes, computer disks, flash drives, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.
Regulation .03 Who May Request.LinkCopy Citation
Any person may request to inspect or copy public records of the Department.
Regulation .04 Request to Inspect a Public Record.LinkCopy Citation
A.
Necessity for Written Request. Except as otherwise provided in General Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall require a written request via regular or electronic means from a person or governmental unit that wishes to inspect a public record.
B.
Contents of Written Request. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.
C.
Addressee. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.
Regulation .05 Response to Written Request.LinkCopy Citation
A.
Decision to Grant a Request.
(1)
If the custodian decides to grant a written request for inspection, the custodian shall be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the request was received.
(2)
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 via regular or electronic mail within 10 working days after receipt of the request:
(a)
The amount of time the custodian anticipates it will take to produce the public record;
(b)
An estimate of the range of fees that may be charged to comply with the request for public records; and
(c)
The reason why it will take more than 10 working days to produce the public records.
B.
Decision to Deny a Request.
(1)
If the custodian decides to deny the written request, the custodian shall do so within 30 days after receipt of the written request and shall immediately notify the applicant of the denial.
(2)
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 provides the following information:
(a)
The reason for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:
(i)
Why the denial is necessary; and
(ii)
Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest;
(b)
The legal authority for the denial;
(c)
Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and
(d)
Notice of the remedies available for review of the denial.
C.
Records Not in Custody or Control.
(1)
If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant that the person does not have custody or control of the requested public record.
(2)
If that person knows the name of the custodian of the public record or the location or possible location of the record, this information shall also be given to the applicant.
D.
Extension of Time. Any time limit imposed under this regulation may be extended either with the consent of the applicant for an additional period not to exceed 30 days, or if the applicant seeks resolution of a dispute under General Provisions Article, §4-1B-04, Annotated Code of Maryland, before the Public Access Ombudsman.
Regulation .06 Electronic Records.LinkCopy Citation
A.
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:
(1)
The public record is in a searchable and analyzable electronic format;
(2)
The applicant requests a copy of the public record in a searchable and analyzable electronic format; and
(3)
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 may not be disclosed under the Act.
B.
The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if:
(1)
Requested by the applicant; and
(2)
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.
C.
The custodian is not required to:
(1)
Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or
(2)
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.
D.
The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by:
(1)
Using a software program or function; and
(2)
Converting the electronic record into a different searchable and analyzable format.
Regulation .07 Public Records Destroyed or Lost.LinkCopy Citation
If the custodian is aware that a requested public record of the Department has been destroyed or lost, the custodian shall within a reasonable time notify the applicant that the public record is not available and explain the reasons why the public record cannot be produced.
Regulation .08 Review of the Denial.LinkCopy Citation
A.
If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.
B.
If the custodian charges a fee of more than $350 under Regulation .12 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland.
C.
The applicant and the custodian may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to a request for public records.
Regulation .09 Disclosure Against Public Interest.LinkCopy Citation
A.
Denial Pending Court Order.
(1)
If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.
(2)
A temporary denial shall be in writing.
B.
Circuit Court Review.
(1)
Within 10 working days after the denial, the Secretary shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.
(2)
Notice of the Secretary’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules.
Regulation .10 Time and Place of Inspection.LinkCopy Citation
A.
An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
B.
The place of inspection shall be the place where the public record is located, unless the custodian, after taking into account the applicant’s expressed preferences, determines that another place of inspection is more suitable and convenient.
Regulation .11 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose.LinkCopy Citation
A.
A compelling public purpose shall be deemed to exist under General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing records within the Department may permit the right of inspection of occupational and professional licensing data on individual persons other than that data specified under General Provisions Article, §4-333, Annotated Code of Maryland, as set forth in this regulation.
B.
The number, nature, and administrative status of complaints filed against the individual person who is the subject of the occupational and professional licensing record may be disclosed.
C.
Complaints, reports of investigation, and expert reports concerning the individual person who is the subject of the occupational and professional licensing record may be inspected if the person requesting the inspection:
(1)
Has filed a complaint against the person who is the subject of the occupational and professional licensing record and the request is limited to only these documents relating to this complaint;
(2)
Has filed a guaranty fund claim or a claim with a surety and the request is limited to only these documents relating to this guaranty fund or surety claim;
(3)
Is affiliated with a federal, state, local or other law enforcement agency and has requested the inspection for law-enforcement or prosecutorial purposes; or
(4)
Has requested the inspection on behalf of a surety investigating pending claims against the surety's bond for the particular licensee.
D.
A federal, state, local or other law-enforcement agency may inspect the application record of an individual person who is the subject of the occupational and professional licensing record if the requested inspection is for law enforcement or prosecutorial purposes.
Regulation .12 Fees.LinkCopy Citation
A.
The fee schedule for copying and certifying copies of records is as follows:
(1)
Copies.
(a)
The fee for each copy made is 25 cents per page if reproduction is made by a standard printer or photocopying or scanning machine within the Department;
(b)
The fee for each copy made otherwise shall be based on the actual cost of reproduction.
(2)
Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fee of $1 per page (or, if appropriate, per item) shall be charged.
(3)
Minimum Fee Charged. A charge will not be made if the total amount of the fee would be $5 or less.
B.
Notwithstanding §A of this regulation, if the fees for copies, print-outs, photographs, or certified copies of any public record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.
C.
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.
D.
Before copying a record, the custodian shall estimate the cost of reproduction, including any search and preparation fees, and either obtain the agreement of the applicant to pay the cost or require prepayment of any estimated fee before reproducing the record.
E.
Search and Preparation Fees.
(1)
Except as provided in §E(2) of this regulation, the official custodian may charge reasonable fees for time expended fulfilling the following tasks:
(a)
Searching for requested public records;
(b)
Reviewing requested public records for potential disclosure; and
(c)
Preparing public records for inspection and copying.
(2)
The official custodian may not charge any search or preparation fee for the first 2 hours of time that is needed to respond to a request to copy or inspect a public record.
F.
Waiver or Reduction of Fee.
(1)
The official custodian may waive or reduce any fee charged pursuant to this regulation if:
(a)
The applicant requests a waiver; and
(b)
The custodian determines that the waiver or reduction is in the public interest or if the applicant is indigent and files an affidavit verifying the facts support a claim of indigency.
(2)
In determining whether a fee is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.
G.
If the applicant requests that copies of a public record be mailed or delivered to the applicant or a third party, the custodian may charge the applicant for the cost of postage or delivery.
Regulation .13 Sociological Information.LinkCopy Citation
A.
Definition. For purposes of this regulation and as provided for under General Provisions Article, §4-330, Annotated Code of Maryland, “sociological information” means any of the following information requested from the Department:
(1)
Social Security number;
(2)
Personal address;
(3)
Personal phone number;
(4)
Information regarding marital status, dependents, or relatives; and
(5)
Information regarding employment status, including employment application.
B.
Nondisclosure. Unless otherwise prohibited from disclosure under applicable state or federal laws, the Department may not disclose sociological information to a requester, except that sociological information may be disclosed:
(1)
To public employees in performance of their public duties;
(2)
When required by a duly issued subpoena; or
(3)
When required to be disclosed as part of a licensing record.
Regulation .14 Fees.LinkCopy Citation
A.
The fee schedule for copying and certifying copies of records is as follows:
(1)
Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. 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.
(2)
Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 shall be charged.
(3)
Minimum Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less.
B.
Notwithstanding §A above, if the fees for copies, print-outs, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.
C.
If the custodian is unable to copy a 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.
D.
Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.
E.
Except as provided in §F, below, the official custodian 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.
F.
The official custodian 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.
G.
Upon request, the official custodian 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 official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.
H.
If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.
Regulation .15 Time of Inspection.LinkCopy Citation
An applicant may inspect any public record that he is entitled to inspect during the normal working hours of the Department.
Regulation .16 Place of Inspection.LinkCopy Citation
The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.
Regulation .17 Sociological Information.LinkCopy Citation
A.
Definition. For purposes of this regulation, “sociological information” means any of the following information requested from the Department:
(1)
Social Security number;
(2)
Personal address;
(3)
Personal phone number;
(4)
Information regarding marital status, dependents, or relatives; and
(5)
Information regarding employment status, including employment application.
B.
Nondisclosure. The Department may not disclose sociological information to a requester, except that information may be disclosed:
(1)
To public employees in performance of their public duties;
(2)
To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation;
(3)
When required by a duly issued subpoena; or
(4)
When required to be disclosed as part of a licensing record.
Chapter annotations
Authority: Business Regulation Article, §2-105; General Provisions Article, Title 4; Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.16 adopted as an emergency provision effective August 6, 1982 (9:18 Md. R. 1795); emergency status extended at 10:1 Md. R. 19; adopted permanently effective February 4, 1983 (10:2 Md. R. 109)
History: Regulation .13 amended effective January 14, 1985 (12:1 Md. R. 16)
History: Regulation .13B amended effective July 28, 2008 (35:15 Md. R. 1348)
History: Regulation .14A amended effective February 3, 1992 (19:2 Md. R. 154)
History: Regulation .17 adopted as an emergency provision effective June 8, 1995 (22:13 Md. R. 964); adopted permanently effective October 9, 1995 (22:20 Md. R. 1542)
History: Chapter revised effective December 18, 2017 (44:25 Md. R. 1180)