<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".18" citation="COMAR 14.03.01.18" title_num="14" subtitle_num="03" chapter_num="01" heading="Public Information Act Requests.">
  <paragraph num="A.">
    <text>General.</text>
    <paragraph num="(1)">
      <text>This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>It is the policy of the Commission to facilitate public access to the records of the Commission, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>It is also the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Government Article, Title 20, Annotated Code of Maryland, by restricting access to records when access is prohibited or restricted by law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>“Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Applicant” means a person requesting disclosure of public records.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Commission” means the Maryland Commission on Human Relations.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Custodian or Official Custodian.</text>
      <paragraph num="(a)">
        <text>“Custodian” or “official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Commission.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unless otherwise provided by law, the Executive Director or designee is the official custodian of the Commission's records.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Executive Director” means the Executive Director of the Maryland Commission on Human Relations, or designee.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Final disposition” means the:</text>
      <paragraph num="(a)">
        <text>Commission has found no probable cause, or has otherwise terminated its investigation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Administrative law judge and, if applicable, the Commission's Appeal Board have rendered their decisions; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Time to note an appeal to the Commission's Appeal Board has passed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Investigative case file” means any record, regardless of physical form, generated or received by Commission staff in the course of the investigation of a complaint alleging a violation of State Government Article, §§20-301—20-305, 20-401—20-402, 20-602, 20-606—20-607, 20-705—20-706, and 20-901—20-902, or Health-General Article, §19-355, Annotated Code of Maryland, or the Governor’s Code of Fair Employment Practices, Order 01.01.2007.16 (August 22, 2007), as amended, including the complaint itself and any documents indicating the identity of a complainant or respondent until the stage of public hearing.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Public hearings” means any public hearing before either the Office of Administrative Hearings or any federal or State court of law.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Public Records.</text>
      <paragraph num="(a)">
        <text>“Public records” means all papers, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, video recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Public records” includes all copies made or received by the Commission in connection with “investigative case files” as defined in §B(7) of this regulation, and as set forth in Regulation .19E of this chapter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Public records” includes salaries of all employees of the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Working day” means a day other than Saturday, Sunday, or State holiday.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Retention of Investigative Case Files. The custodian shall maintain, as a public record of the Commission, all documents made or received by the Commission contained in the investigative case files, for a period of 18 months from the date of final disposition of the respective discrimination charge.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Records Temporarily Unavailable. If a requested public record is in the custody or under the control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Who May Request. Any person may request to inspect or copy public records of the Commission.</text>
  </paragraph>
</regulation>