Chapter 01. Definitions; General Provisions
Regulation .01 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
(2)
“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.
(3)
“Board” means the State Public Information Act Compliance Board, as described in General Provisions Article, §4-1A-02, Annotated Code of Maryland.
(4)
“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.
(5)
“Designated representative” means an attorney, an employee organization representative, or any other individual authorized in writing by a party to represent the party.
(6)
“Dispute” has the meaning stated in COMAR 14.37.01.01B.
(7)
“Exemption” has the meaning stated in COMAR 14.37.01.01B.
(8)
“Final Determination” means the written document issued by the Public Access Ombudsman pursuant to General Provisions Article, §4-1B-04(b), Annotated Code of Maryland, stating that a specific dispute has been resolved or partially resolved or not been resolved.
(9)
“Inmate” means an individual who:
(a)
Is confined in a correctional or other detention facility pursuant to a court order in a criminal or juvenile delinquency case; and
(b)
Has no direct access to the U.S. Postal Service or the ability to submit a complaint or other information electronically.
(10)
“Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.
(11)
“Ombudsman” means the Public Access Ombudsman, as described in General Provisions, §4-1B-03, Annotated Code of Maryland.
(12)
“Public record” has the meaning stated in General Provisions Article, §4-101(k), Annotated Code of Maryland.
(13)
“Sociological information” means any of the following information concerning a person that may be contained in a record of the Board:
(a)
Social security number;
(b)
Personal address;
(c)
Personal phone number;
(d)
Personal email address; and
(e)
Date of birth.
(14)
“Unreasonable fee” means a fee that does not bear a reasonable relationship to the recovery of actual costs incurred by a governmental unit responding to a request for a public record.
Regulation .02 Jurisdiction.LinkCopy Citation
A.
Subject to the procedure outlined in COMAR 14.02.02, the Board shall review and resolve complaints from an applicant or the applicant’s designated representative alleging that a custodian:
(1)
Denied inspection of a public record in violation of the Act;
(2)
Charged an unreasonable fee or charged an unreasonable estimated fee of more than $350 under General Provisions Article, §4-206, Annotated Code of Maryland; or
(3)
Failed to respond to a request for a public record within the time limits established under General Provisions Article, §4-203(a) or (d), Annotated Code of Maryland.
B.
Subject to the procedure outlined in COMAR 14.02.03, the Board shall review and resolve complaints from a custodian alleging that an applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith.
Regulation .03 Recusal of Board Members.LinkCopy Citation
A.
Standard for Recusal.
(1)
A Board member shall recuse himself or herself from Board proceedings that involve circumstances in which the Board member:
(a)
Has a conflict of interest; or
(b)
Cannot participate fairly and impartially.
(2)
Personal familiarity with an applicant or custodian does not, of itself, require recusal of a Board member.
B.
The Board member who is recused from a matter before the Board may not:
(1)
Participate in the Board’s discussion or decision on the matter; or
(2)
Discuss the matter or the Board’s review of the matter with members of the Board, the parties, or staff or counsel to the Board.
C.
The Board shall document the recusal of the Board member from a matter in its written decision on the matter.
Regulation .04 Consolidation of Complaints.LinkCopy Citation
In its discretion, the Board may consolidate complaints filed under COMAR 14.02.02 and COMAR 14.02.03 if both complaints involve the same applicant and same custodian, and if consolidation will promote efficient and fair resolution of the complaints.
Regulation .05 Computation of Time.LinkCopy Citation
Computation of a period of time shall be governed by General Provisions Article, §1-302, Annotated Code of Maryland.
Regulation .06 Date of Receipt.LinkCopy Citation
A.
A complaint, response, or reply to a response is deemed received on the date that it is postmarked or sent by email to the Board.
B.
Inmate Applicants.
(1)
A complaint, response, or reply to a response is deemed received on the date that the complaint, response, or reply to a response, in mailable form and with proper postage affixed is:
(a)
Deposited by the inmate applicant into a receptacle designated by the facility for outgoing mail; or
(b)
Personally delivered to an employee of the facility authorized by the facility to collect such mail.
(2)
A date stamp affixed pursuant to COMAR 12.02.20.04A or COMAR 12.12.20.04A, or a similar date stamp affixed by a county detention center or other detention facility not within the control of the Division of Correction, is evidence of the date on which an inmate applicant sent a complaint, response, or reply to a response under §B(1) of this regulation.
Regulation .07 Record.LinkCopy Citation
A.
The Board shall maintain a record of each matter, including an index.
B.
The Board’s internal record of a matter shall consist of the following, if filed in a matter:
(1)
The complaint;
(2)
The response to a complaint;
(3)
The reply to the response;
(4)
Written notices;
(5)
Written requests for information;
(6)
Records or additional information received by the Board pursuant to COMAR 14.02.05.03;
(7)
The recording of an informal conference; and
(8)
The Board’s written decision.
C.
The public record of a matter shall consist of the records listed in §B of this regulation, if filed, except that records or additional information received by the Board pursuant to COMAR 14.02.05.03 may not be included.
Chapter annotations
Authority: General Provisions Article, §4-1A-04, Annotated Code of Maryland
History: Effective date: June 13, 2022 (49:12 Md. R. 641)