# COMAR Title 11 — Department of Transportation

## Subtitle 12 — Motor Vehicle Administration — Licensing of Businesses and Occupations

### Chapter 05 — Public Information

**Authority:** General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland

**Administrative History:** Effective date: August 20, 1990 (17:16 Md. R. 1991)

**Administrative History:** Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)

#### Regulation .01 Definitions.

*COMAR 11.12.05.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Applicant” means the person requesting inspection of public records.

  (3) “Custodian” means an authorized person employed by the Division, having personal custody and control of records of an individual in an occupation or profession licensed by the Administration.

  (4) “Division” means the Administration’s Division of Business Licensing and Consumer Services.

  (5) “Occupation or profession” means a business, an occupation, or a profession for which an individual would be required to be licensed by the Administration under Transportation Article, Title 15, Annotated Code of Maryland.

  (6) “Person in interest” means the person that is the subject of the public record.

#### Regulation .02 Inspection of Occupational or Professional Records.

*COMAR 11.12.05.02*

Without a compelling public purpose, the custodian shall deny inspection of that part of a record that contains information about the licensing of an occupation or profession except as provided by General Provisions Article, §4-333(b), Annotated Code of Maryland.

#### Regulation .03 Exception for Compelling Public Purpose.

*COMAR 11.12.05.03*

The custodian may permit inspection of records other than those allowed under General Provisions Article, §4-333(b), Annotated Code of Maryland, if a compelling public purpose can be demonstrated.

#### Regulation .04 Compelling Public Purpose Demonstrated.

*COMAR 11.12.05.04*

A compelling public purpose can be demonstrated under General Provisions Article, §4-333(b), Annotated Code of Maryland, if the applicant:

A. Has entered into, or contemplates entering into, a contract with the person in interest;

B. Is a federal, state, or local governmental agency;

C. Has filed a complaint with the Administration against the person in interest;

D. Has filed a surety bond claim against the surety of the person in interest; or

E. Is investigating a claim against the surety for a bond provided by the person in interest.

#### Regulation .05 Access to Records When Compelling Public Purpose Demonstrated.

*COMAR 11.12.05.05*

If the custodian finds that a compelling purpose has been demonstrated and allows inspection of records other than those permitted by General Provisions Article, §4-333(b), Annotated Code of Maryland, the custodian may only permit inspection of the following:

A. If the applicant demonstrates a compelling public purpose under Regulation .04A, D, or E, the custodian may disclose records of:

  (1) The number, nature, and administrative status of complaints filed with the Administration against the person in interest;

  (2) The number, nature, and status of claims filed with the surety against the person in interest; and

  (3) Reports of investigations and the results of those investigations pertaining to the complaints or claims disclosed under §A(1) or (2), of this regulation;

B. If the applicant demonstrates a compelling public purpose under Regulation .04C, the custodian may disclose only those records regarding information which pertains to the complaint filed by the applicant;

C. If the applicant demonstrates a compelling public purpose under Regulation .04B, the custodian shall permit inspection pursuant to Transportation Article, §12-111(b)(3), Annotated Code of Maryland.

#### Regulation .06 Disclosure Subject to Public Information Act.

*COMAR 11.12.05.06*

Disclosure of a record allowed for under this chapter is subject to the provisions of General Provisions Article, Title 4, Annotated Code of Maryland.