These regulations set forth procedures for the disclosure, inspection, or copying of records maintained by the Maryland Higher Education Commission. It is the policy of the Maryland Higher Education Commission to facilitate public access to the Commission's records when access is allowed by law. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means State Government Article, § 10-611—10-628, Annotated Code of Maryland. “Commission” means the Maryland Higher Education Commission, its advisory councils, its committees, any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission, the Maryland State Scholarship Administration, and any employees, agents, or contractors acting on behalf of the Commission. “Custodian” means the head of a Commission organizational unit or authorized Commission employee having personal custody and control of the public record that is the subject of a request under the Act. “Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Commission. Unless otherwise provided by law, the Secretary is the official custodian of all public records of the Commission. “Person in interest” means a person or governmental unit that is the subject of a public record, or an authorized designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person. Public Record. “Public record” means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received by the Commission in connection with the transaction of public business. “Public record” includes a document that contains the salary of an official or employee of the Commission. “Requester” means a person or governmental unit requesting access to public records under the Act. “Secretary” means the Secretary of Higher Education. Sociological Information. “Sociological information” means any of the following information requested from the Commission: Scholarship and financial aid records of individual students or their families, except as provided by Regulation .09 of this chapter; Records about the biography, family, race, ethnic background, physiology, religion, academic achievement, or physical or mental ability of a student; Social security numbers; Personal addresses; Personal phone numbers; and Information regarding marital status, dependents, or relatives. “Sociological information” includes the part of a public record that contains information about the licensing of an individual in an occupation or profession, except that the custodian shall permit inspection of the part of a public record that gives: The name of the licensee; The business address of the licensee or, if the business address is not available, the home address; The business telephone number of the licensee; The educational and occupational background of the licensee; The professional qualifications of the licensee; Orders and findings that result from formal deficiency actions; and Evidence that has been provided to the custodian to meet the requirements of a statute as to financial responsibility. “Working day” means a day other than Saturday, Sunday, or a State holiday. A person or governmental unit may request access to inspect or copy public records of the Commission. A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian. The custodian may make public records available for inspection or copying, or both, to a requester without a written request. Written requests are required when the custodian reasonably believes that: A written application will facilitate the Commission in responding to the request; or The Act or any other law may prohibit disclosure of the public record or parts of it. The custodian may require a written request when the requester is requesting copies of a public record. A written request shall: Contain the requester's name and address; Reasonably identify the public record sought; and Be signed by the requester. If a requested public record is not in the custody or control of the person to whom the written request is made, that person shall, within 10 working days of the receipt of the request: Notify the requester of that fact; Relate to the requester the identity or location, or possible location, of the custodian, if known; and Forward the request to the custodian, if known. If the custodian decides to grant a written request, the custodian shall produce the record for inspection immediately or within a reasonable period of time that is needed to retrieve and prepare the public records, but not to exceed 30 days from the date the custodian receives the written request. If the custodian decides to deny a written request, the custodian shall do so within 30 days from the date the custodian receives the written request. Upon deciding to deny the request, the custodian shall immediately notify the requester of the denial. Within 10 working days of the denial, the custodian shall transmit to the requester a written statement that sets forth the reasons and legal authority for the denial and that contains a notice of the remedies for review of the denial. The custodian shall permit inspection of any part of the public record that is subject to inspection and is reasonably severable. With the consent of the requester, a time limit imposed by Sec. A—C of this regulation may be extended for an additional period not to exceed 30 days. The custodian, unless prohibited by law, may notify a person in interest who is the subject of a public record that a request for inspection or copying of that record has been received. In determining whether to notify the person in interest of the pending request, the custodian shall take into account a request from the person in interest, submitted simultaneously with information submitted to the Commission, that the information not be disclosed without consultation between the custodian and the person in interest. The custodian may consider the views of the person in interest before deciding whether to disclose the record. The Commission shall regularly collect, in accordance with its mandated responsibilities, information on students enrolled in secondary and postsecondary institutions within the State. This information shall be collected on an aggregated or summary basis, but the Commission may collect data on an individual basis for the purpose of evaluating and improving the instruction provided by the educational system of the State. Individual Student Records. The Commission shall recognize that the education records of State secondary and postsecondary institutions are protected under the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g. Accordingly, when obtaining student records, the Commission shall abide by that statute and 34 CFR 99 (1990), which is incorporated by reference. The Commission shall respond to all written requests to inspect, review, or correct individual student records in accordance with this chapter. If the Commission or the Secretary determines that disclosure of student record information is necessary in order to conduct research designed to improve instruction, the disclosure shall be made in compliance with 34 CFR 99 (1990), which is incorporated by reference. The Commission shall provide upon request a list of scholarship recipients for all programs that it administers that are not required by law to be based wholly or in part on financial need. The lists of scholarship recipients shall be by program, and shall contain names and city, county, or legislative district, as appropriate. Otherwise, all personally identifiable scholarship and financial aid information held by the Commission is considered sociological information, subject to Regulation .10 of this chapter. Except as provided in Regulations .08 and .09 of this chapter and §B of this regulation, the custodian may not disclose sociological information to a requester. The custodian may disclose sociological information under the following circumstances: To the person in interest; Pursuant to an issued subpoena; Disclosure which is otherwise required by law; or The Secretary or Commission determines that disclosure is in the public's best interest. For individual student education records, a disclosure made pursuant to §B(4) of this regulation shall be made in conformity with 34 CFR 99 (1990), which is incorporated by reference. If a requested record has been destroyed or lost, the custodian to whom the request is made shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request. The custodian shall explain in the response the reasons why the record cannot be produced. If a requested record is temporarily unavailable, the custodian shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request, and shall explain in the response the reason why the record is temporarily unavailable and relate the date on which the record is expected to become available. If the custodian denies a written request for a reason other than that the record is destroyed, lost, or temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing. If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court in accordance with State Government Article, §10-623, Annotated Code of Maryland. A requester who is denied access to a public record may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy set forth in this regulation. If, in the opinion of the Secretary, disclosure of a public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing, and shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the Secretary to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the requester in accordance with the Maryland Rules of Procedure. Fee Schedule. The Commission may charge reasonable fees in accordance with the fee schedule in §A(2)—(4) of this regulation. Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Commission. When records are not reasonably amenable to photocopying within the Commission, the fee for reproducing the record is based on the actual cost of reproduction. Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, the Commission shall charge an additional cost of $1 per page. Searching or Record Preparation. There is no charge for the first 2 hours needed to search for a public record and prepare it for inspection. The Commission may charge $20 per hour for additional time required to search for or prepare public records for inspection or copying. Notwithstanding Sec. A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a record are specifically required by a law other than the Act or this regulation, the specific fee contained in that law determines the amount charged for that record. If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. The custodian shall either: Collect from the requester a fee that is sufficient to pay the actual cost of reproduction; or Direct the requester to pay the cost of reproduction directly to the facility making the copy. Before copying a record, the custodian shall estimate the cost of copying and obtain the agreement of the requester that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying the record. If prepayment is required, the time limitations contained elsewhere in these regulations do not begin until the payment is made. Upon written request, the official custodian may waive or reduce a 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 requester to pay the cost or fee. If a requester requests that copies be mailed or delivered, the custodian may charge the requester for the cost of postage or delivery. A requester may inspect a public record to which access is granted during the normal working hours of the Commission. The place of inspection is the place where the document is located unless the custodian determines that another place of inspection is more suitable. A person in interest may request the Commission to correct inaccurate or incomplete information in a public record that: Is maintained by the Commission; and The person in interest is authorized to inspect. Contents of Request. A request under this regulation shall: Be in writing; Describe the requested change precisely; and State the reasons for the change. Action on Request. Within 30 days after receiving a request under this regulation, the custodian shall: Make or refuse to make the requested change; and Give the person in interest written notice of the action taken. A notice of refusal shall contain the custodian's reasons for the refusal. Statement of Disagreement. If the Commission finally refuses a request under this regulation, the person in interest may submit to the Commission a concise statement that, in five pages or less, states the reasons for the request and for disagreement with the refusal. Whenever the Commission provides the disputed information to a third party, the Commission shall provide to that party a copy of the statement submitted to the Commission by the person in interest. Administrative and Judicial Review. A person in interest may seek administrative and judicial review of: A decision of the Commission to deny a: Request to change a public record; or Right to submit a statement of disagreement; or The failure of the Commission to provide the statement of disagreement to a third party. Procedures. If a person in interest seeks judicial review, it shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Education Article, § 11-105(s);State Government Article, § 10-613(b); Annotated Code of Maryland Effective date: October 11, 1993 (20:20 Md. R. 1573)