These regulations set out the procedures for the filing of requests with the Department of Transportation 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 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Applicant” means a person or government unit that asks to inspect a public record. “Custodian” means an authorized person employed by the Department having physical custody and control of public records of the Department. “Department” means the Department of Transportation. “Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental headquarters elements, the administrations, and the various Departmental boards and commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's actual personal custody and control. “Public records” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. “Secretary” means the Secretary of Transportation. “Sociological information” means: Social Security number; Personal address; Personal phone number; Personal email address; Date of birth; and Driver’s license number. “Working day” means every day except Saturdays, Sundays, and State holidays. Any person may request to inspect or copy any public record that is in the custody and control of the Department. Inspections. Except as otherwise provided in this regulation, the custodian shall generally make public records 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 prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request. The custodian of record shall not disclose sociological information to a requester, except the custodian may permit inspection: By an individual named in the record; By the attorney of record of an individual named in the record; By the insurance company of record of an individual named in the record; By public employees in performance of their public duties; When required by a duly issued subpoena; When the Secretary determines that disclosure is in the public’s best interest; or When otherwise required by law. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant. If a written request is required, the applicant may use Form D-RM-005, “Request for Public Records”, or submit a request letter. The request letter shall contain the name and address of the applicant and a brief description of the record sought, and shall be signed by the applicant. Applicants may obtain Form D-RM-005 or may request public records by writing, visiting, or calling any Office of the Department of Transportation, or by contacting the appropriate official custodian as listed below: Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548; Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041; Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614; Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001; Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766; Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21202-0717; Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639. A written request 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 or to the appropriate official custodian. Official custodians and custodians shall coordinate their responses to all requests for public records received from the media with the appropriate public affairs officer to ensure that these requests are handled in a manner consistent with normal media relations practices. The Motor Vehicle Administration shall develop request procedures in keeping with the spirit of these regulations whereby volume applicants for release of public records need not use Form D-RM-005. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, when that period of time is needed to retrieve the information. If the official custodian decides to deny the written request, the official custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial by providing a written statement of the grounds for the denial, including a citation of the law or regulation under which access is denied and all remedies for review of the denial under the Act. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure. 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, so notify the applicant. If that person 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 limit imposed by §§A, B, and D of this regulation may be extended for an additional period not to exceed 30 days. Unless prohibited by law, the 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 the record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant. 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. 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 why the record cannot be produced. If the written request is denied by the official custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial. If a hearing is requested by the applicant, the hearing shall be conducted by the Office of Administrative Hearings pursuant to a delegation from the Secretary and the hearing shall be governed by State Government Article, §§10-205—10-225, Annotated Code of Maryland and the regulations promulgated thereunder. After the hearing, the administrative law judge shall prepare proposed findings of fact, proposed conclusions of law, and a proposed order. The Secretary or the Secretary's designee shall issue the final decision of the Department. If the administrative hearing finding confirms total or partial denial of the written request, the applicant may then seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland. If the applicant chooses not to request a hearing under §A of this regulation, the applicant alternatively may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy. 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 the official custodian 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 official custodian in the same manner provided for service of process by the Maryland Rules of Procedure. The fee schedule for reproducing public records of the Department is as follows: Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. 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. Printed Material. The charges for printed documents shall be actual cost of the item, if known. If actual cost is not known, the charge shall be 5 cents per page. Printouts. If the Department is required to provide a printout, the charge for the printout shall be determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs. Certification of Copies. When a person requests that a copy of a record be certified as a true copy, an additional fee of 15 cents per page or, if appropriate, $1 per item, shall be charged. Search Fees. Except as provided in §A(5)(b) of this regulation, the official custodian may charge reasonable fees for the search and preparation of records for inspection and copying. The official custodian may not charge any 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 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. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the official 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. A charge need not be made if the total amount of the fee is $1 or less. 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. If the custodian is unable to copy a record within the Department, he 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 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. Items which are promotional in nature or which are routinely distributed to the public, and items which are required to be furnished to the public, other than by the provisions of the Public Information Act, may be given free of charge. The Motor Vehicle Administration shall develop cost procedures in keeping with the spirit of these regulations whereby payment for volume requests for public records may be made on a periodic basis. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department. 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. State Government Article, §§10-611—10-623, Annotated Code of Maryland Effective date: December 26, 1980 (7:26 Md. R. 2422) Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401) Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861) Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259) Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259) Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259) Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822) Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203) Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609) Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401) Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822) Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657) Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822) Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)