# COMAR Title 14 — Independent Agencies

## Subtitle 09 — Workers' Compensation Commission

### Chapter 15 — Open Meetings

**Authority:** General Provisions Article, §§3-101—3-501; Labor and Employment Article, §9-309(a); Annotated Code of Maryland

**Administrative History:** Effective date: August 18, 2003 (30:16 Md. R. 1075)

**Administrative History:** Chapter recodified from COMAR 14.09.08, Open Meetings, to COMAR 14.09.15, Open Meetings, effective March 3, 2014 (41:4 Md. R. 304)

**Administrative History:** Regulation .01 amended effective October 18, 2021 (48:21 Md. R. 890)

**Administrative History:** Regulation .02B amended effective March 16, 2015 (42:5 Md. R. 487)

#### Regulation .01 Scope.

*COMAR 14.09.15.01*

This chapter applies to open meetings of the Workers’ Compensation Commission at which a quorum of a majority of Commissioners is present. This chapter does not apply to proceedings of the Commission conducted in accordance with Labor and Employment Article, §§9-307 and 9-308, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 14.09.15.02*

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

B. Terms Defined.

  (1) “Commission” means the Workers' Compensation Commission.

  (2) “Open Meeting” means any meeting of the Commission required to be open to the public by the Open Meetings Act, General Provisions Article, §§3-101—3-501, Annotated Code of Maryland.

  (3) “Public body” has the meaning stated in General Provisions Article, §3-101(h), Annotated Code of Maryland.

#### Regulation .03 Public Attendance.

*COMAR 14.09.15.03*

A. At any open meeting of the Commission, the public is invited to listen and observe.

B. Unless the Commission expressly invites public testimony, questions, comments, or other forms of public participation, or public participation is authorized by law, a member of the public attending an open meeting may not actively participate in the meeting.

#### Regulation .04 Prohibited Conduct or Activity.

*COMAR 14.09.15.04*

A. An individual attending an open meeting of the Commission may not engage in conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or interferes with the opportunity of members of the public to attend and observe.

B. The presiding officer may:

  (1) Order an individual who persists in conduct prohibited in §A of this regulation, or who violates another regulation concerning conduct of the open meeting, to be removed from the meeting;

  (2) Request police or other assistance to restore order; and

  (3) Recess the meeting while order is restored.

#### Regulation .05 Recording, Photographing, and Broadcasting of Open Meetings.

*COMAR 14.09.15.05*

A. A member of the public, including a representative of the news media, may record discussions of the Commission at an open meeting by means of tape recorder or another recording device, if the device:

  (1) Does not create excessive noise that disturbs a member of the Commission or any individual attending the meeting;

  (2) Does not otherwise interfere with an individual's observation or participation in the meeting; and

  (3) Is operated openly so that it is obvious to those in attendance that the meeting is being recorded.

B. A member of the public, including a representative of the news media, may photograph or videotape the proceedings of the Commission at an open meeting with any type of camera, if the camera:

  (1) Is operated without excessively bright artificial light that disturbs members of the Commission or other individuals attending the open meeting;

  (2) Does not create excessive noise that disturbs members of the Commission or any individual attending the meeting;

  (3) Does not otherwise interfere with an individual's observation or participation in the meeting; and

  (4) Is operated openly so that it is obvious to those in attendance that the meeting is being photographed or videotaped.

C. A representative of the news media may broadcast or televise the proceedings of the Commission at an open meeting if the equipment used:

  (1) Is operated without excessively bright artificial light that disturbs members of the Commission or other individuals attending the open meeting;

  (2) Does not create excessive noise that disturbs members of the Commission or any individual attending the meeting;

  (3) Does not otherwise interfere with an individual's observation of or participation in the meeting; and

  (4) Is operated openly so that it is obvious to those in attendance that the meeting is being broadcast or televised.

D. The presiding officer may restrict movement of a person who is using a recording device, camera, or broadcasting or television equipment if the restriction is necessary to maintain the orderly conduct of the open meeting.

E. A public body of the Commission may require that an individual who intends to record, photograph, videotape, broadcast, or televise an open meeting register before the beginning of the meeting.

#### Regulation .06 Recordings, Photographs, Videotapes — Not Part of Record.

*COMAR 14.09.15.06*

A recording, photograph, or videotape of an open session made by a member of the public, or any transcript or copy derived from a recording, photograph, or videotape is not part of the record of any proceeding of the Commission.