Plain Text Law

Chapter 02. Open Sessions

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commission” includes the Maryland Higher Education Commission, its advisory councils, its committees, and any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission.
(2)
“Open session” means a meeting of the Commission that is required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.

Regulation .02 Public Attendance.Copy Citation

A.
The general public is invited to attend and observe any open sessions of the Commission.
B.
A member of the public attending an open session may not participate in the session except when the presiding officer expressly invites public testimony, questions, comments, or other forms of public participation.

Regulation .03 Disruptive Conduct.Copy Citation

A.
An individual attending an open session may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.
B.
Authority of the Presiding Officer.
(1)
The presiding officer may order an individual who violates Sec. A of this regulation, or who violates any other regulation or resolution concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order.
(2)
The presiding officer may recess the session while order is restored.
C.
An individual who is asked to leave the session in accordance with these regulations and who refuses to do so may be subject to arrest as provided by law.

Regulation .04 Recording, Photographing, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including a representative of the news media, may:
(1)
Record the discussions at an open session using a tape recorder or other recording device if the device used does not create excessive noise that disturbs the open session or other individuals attending the session;
(2)
Photograph or videotape the proceedings of an open session using any type of camera if the camera is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.
B.
A representative of the news media may broadcast or televise the open session if the equipment used is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.
C.
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 open session.

Regulation .05 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of the open session.
Chapter annotations
Authority: Education Article, §11-105;
State Government Article, §10-507; Annotated Code of Maryland
History: Effective date: March 29, 1993 (20:6 Md. R. 584)