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<chapter num="14" heading="Open Meetings — Attendance and Recording, Photographing, and Broadcasting of Sessions" title_num="10" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="Definition.">
    <text>“Public body” means the entity defined at State Government Article, §10-502(h), Annotated Code of Maryland.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Public Attendance.">
    <paragraph num="A.">
      <text>The general public may attend and observe an open session of a public body within or established by the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Except in instances when a public body expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Disruptive Conduct.">
    <paragraph num="A.">
      <text>Prohibition. An individual attending an open session of a public body may not engage in any conduct, including a visual demonstration such as the waving of a placard, sign, or banner, that disrupts the session or that interferes with the right of a member of the public to attend and observe the session.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Action to Restore Order. The presiding officer may:</text>
      <paragraph num="(1)">
        <text>Order an individual who engages in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of an open session, to be removed from the session;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Request police assistance to restore order; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Recess the session while order is restored.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Recording, Photographing, Videotaping, Broadcasting, and Televising of Open Sessions.">
    <paragraph num="A.">
      <text>A member of the public, including a representative of the news media, may record an open session of a public body by means of a tape recorder or another recording device, if the:</text>
      <paragraph num="(1)">
        <text>Device does not create an excessive noise that interferes with the participation in a session by a member of the public body or the observation of the session by a member of the public;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Device does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Recording is done openly so that it is obvious to those in attendance that the session is being recorded.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>A member of the public, including a representative of the news media, may photograph or videotape the proceedings of a public body at an open session by means of a camera if the camera:</text>
      <paragraph num="(1)">
        <text>Is operated without excessively bright artificial light or excessive noise that interferes with the participation of a member of the public body in the session or the observation of the session by a member of the public;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Is used openly so that it is obvious to those in attendance that the session is being recorded.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>A representative of the news media may broadcast or televise the proceedings of a public body at an open session if the equipment used:</text>
      <paragraph num="(1)">
        <text>Is operated without excessively bright artificial light or excessive noise that interferes with the participation of a member of the public body in the session or the observation of the session by a member of the public;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Is used openly so that it is obvious to those in attendance that the session is being broadcast or televised.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the session.</text>
    </paragraph>
    <paragraph num="E.">
      <text>A public body may require that an individual, who intends to record, photograph, videotape, broadcast, or televise an open session, register in advance of the beginning of the meeting.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Recordings Not Part of the Record.">
    <text>A recording of an open session made by a member of the public, or a transcript derived from the recording, is not a part of the record of a proceeding of a public body.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">State Government Article, §10-507(b), Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: May 24, 1993 (20:10 Md. R. 851)</annotation>
  </annotations>
</chapter>