# COMAR Title 14 — Independent Agencies

## Subtitle 09 — Workers' Compensation Commission

### Chapter 16 — Public Information Act Requests

**Authority:** General Provisions Article, §§4-101—4-601; Labor and Employment Article, §9-309(a); Annotated Code of Maryland

**Administrative History:** Effective date: March 15, 2004 (31:5 Md. R. 451)

**Administrative History:** Chapter recodified from COMAR 14.09.09, Public Information Act Requests, to COMAR 14.09.16, Public Information Act Requests, effective March 3, 2014 (41:4 Md. R. 304)

**Administrative History:** Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)

**Administrative History:** Regulation .13 amended effective March 16, 2015 (42:5 Md. R. 487)

**Administrative History:** Chapter revised effective October 18, 2021 (48:21 Md. R. 890)

#### Regulation .01 Scope.

*COMAR 14.09.16.01*

This chapter sets out procedures under the Public Information Act for filing and processing requests to the Workers' Compensation Commission for the inspection and copying of public records of the Commission.

#### Regulation .02 Policy.

*COMAR 14.09.16.02*

It is the policy of the Commission to facilitate access to the public records of the Commission, if access is allowed by law, by minimizing costs and time delays to applicants.

#### Regulation .03 Definitions.

*COMAR 14.09.16.03*

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

B. Terms Defined.

  (1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

  (2) “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

  (3) “Chairman” has the meaning stated in Labor and Employment Article, §9-303, Annotated Code of Maryland.

  (4) “Commission” means the Workers’ Compensation Commission and has the meaning stated in Labor and Employment Article, §9-301, Annotated Code of Maryland.

  (5) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

  (6) “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland.

  (7) “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland.

  (8) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

  (9) “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.

  (10) “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.

  (11) “Reasonable Fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland.

  (12) “Secretary” has the meaning stated in Labor and Employment Article, §9-305(b), Annotated Code of Maryland.

  (13) “Working day” has the meaning stated in Labor and Employment Article, §9-307, Annotated Code of Maryland.

#### Regulation .04 Chairman as Official Custodian.

*COMAR 14.09.16.04*

Unless otherwise provided by law, the Chairman is the official custodian of the public records of the Commission.

#### Regulation .05 Request for Public Records.

*COMAR 14.09.16.05*

Any person may request to inspect or copy public records of the Commission.

#### Regulation .06 Necessity for Written Request.

*COMAR 14.09.16.06*

A. Inspection.

  (1) Except as otherwise provided in this chapter, the custodian shall make public records of the Commission available for inspection by an applicant without demanding a written request.

  (2) The custodian shall require a written request if the custodian reasonably believes that:

    (a) The Act or any other law may prevent the disclosure of the public record to the applicant; or

    (b) A written request will materially assist the Commission in responding.

B. Copies. If the applicant requests one or more copies of any public record of the Commission, the custodian may require a written request.

#### Regulation .07 Contents of Written Request.

*COMAR 14.09.16.07*

A written request shall:

A. Contain the applicant’s contact information; and

B. Reasonably identify, by brief description, the public record sought.

#### Regulation .08 Addressee.

*COMAR 14.09.16.08*

A request to inspect or copy a public record of the Commission shall be addressed to the custodian of the record or to the Secretary, the Commission’s representative for public records requests as designated under General Provisions Article, §4-503, Annotated Code of Maryland. If the custodian is unknown, the request may be addressed to the Chairman.

#### Regulation .09 Response to Request.

*COMAR 14.09.16.09*

A. Grant of Request.

  (1) If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:

    (a) Immediately; or

    (b) Within a reasonable time period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.

  (2) If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

    (a) The amount of time that the custodian anticipates it will take to produce the public record;

    (b) An estimate of the range of fees that may be charged to comply with the request for public records; and

    (c) The reason why it will take more than 10 working days to produce the records.

B. Denial of Request. If the custodian decides to deny a request for inspection, the custodian shall:

  (1) Deny the request within 30 days after the request; and

  (2) Immediately notify the applicant of the denial.

C. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:

  (1) The reasons for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:

    (a) Why the denial is necessary, i.e., why disclosure of the public record would be contrary to the public interest; and

    (b) An explanation of why redacting information would not address the reasons for the denial;

  (2) The legal authority for the denial;

  (3) Without disclosing the protected information, a brief description of the undisclosed record(s) that will enable the applicant to assess the applicability of the legal authority for the denial; and

  (4) Notice of the remedies available for review of the denial.

D. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant:

  (1) That the person does not have custody or control of the requested public record; and

  (2) If the person knows:

    (a) The name of the custodian of the public record; and

    (b) The location or possible location of the public record.

E. Any time limit imposed by §§A—C of this regulation may be extended:

  (1) With the consent of the applicant, for an additional period of up to 30 days; and

  (2) For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman.

#### Regulation .10 Notice to Person Potentially Affected by Disclosure.

*COMAR 14.09.16.10*

A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Commission to any person who, in the judgment of the custodian, could be adversely affected by disclosure of that public record.

B. The custodian may consider the views of the potentially affected person before deciding whether to disclose the public record to an applicant.

#### Regulation .11 Electronic Records.

*COMAR 14.09.16.11*

A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:

  (1) The public record is in a searchable and analyzable electronic format;

  (2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

  (3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.

B. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if:

  (1) Requested by the applicant; and

  (2) The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data.

C. The custodian is not required to:

  (1) Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format;

  (2) Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained; or

  (3) Create, compile, or program a new public record.

D. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by:

  (1) Using a software program or function; or

  (2) Converting the electronic record into a different searchable and analyzable format.

#### Regulation .12 Public Record Destroyed or Lost.

*COMAR 14.09.16.12*

If the person to whom application is made knows that a requested public record of the Commission has been destroyed or lost, that person shall promptly:

A. Notify the applicant that the public record is not available; and

B. Explain the reasons why the public record cannot be produced.

#### Regulation .13 Availability of Judicial and Administrative Review.

*COMAR 14.09.16.13*

If the custodian denies a request to inspect or copy a public record of the Commission, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in General Provisions Article, Subtitles 1A and 1B, Annotated Code of Maryland.

#### Regulation .14 Disclosure Against Public Interest.

*COMAR 14.09.16.14*

A. Denial Pending Court Order.

  (1) If, in the opinion of the Chairman, disclosure of a public record of the Commission otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Chairman may temporarily deny the request to obtain a court order allowing nondisclosure.

  (2) The temporary denial shall be in writing.

B. Circuit Court Review.

  (1) Within 10 working days after the denial, the Chairman shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

  (2) Notice of the Chairman's complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules of Procedure.

#### Regulation .15 Fees.

*COMAR 14.09.16.15*

A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Commission is as follows:

  (1) The fee for each copy made by a standard printer or a photocopying machine within the Commission is 25 cents per page;

  (2) The fee for each copy made otherwise than by a standard printer or a photocopying machine shall be based on the actual cost of reproduction; and

  (3) For a public record certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged.

B. Minimum Fee. A charge may not be made if the total fee is $1 or less.

C. If the fee for copies or certified copies of any public record of the Commission is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

D. If the custodian cannot copy a public 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:

  (1) Collect from the applicant a fee to cover the actual cost of reproduction; or

  (2) Direct the applicant to pay the cost of reproduction directly to the facility making the copy.

E. Before copying a public record of the Commission, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and either:

  (1) Obtain the agreement of the applicant to pay the cost; or

  (2) Demand prepayment of all or a portion of the cost.

F. Search and Preparation Fee.

  (1) Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Commission spends to:

    (a) Search for requested public records;

    (b) Review requested public records for potential disclosure; and

    (c) Prepare public records for inspection and copying.

  (2) The custodian shall determine the fee under §F(1) of this regulation by multiplying actual time attributable to the search for, review of, and preparation of public records for inspection and/or copying by $100 per hour for clerical staff time and $200 per hour for information technology staff time.

G. The custodian may not charge a search or preparation fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection.

H. Waiver or Reduction of Fee.

  (1) The official custodian may waive or reduce any fee set under this regulation if:

    (a) The applicant requests a waiver; and

    (b) Either:

      (i) The custodian determines that the waiver or reduction is in the public interest; or

      (ii) The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency.

  (2) In determining whether a fee waiver is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

I. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery.

#### Regulation .16 Time and Place of Inspection.

*COMAR 14.09.16.16*

A. An applicant may inspect any public record of the Commission that the applicant is entitled to inspect during the normal working hours of the Commission.

B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant's expressed wish, determines that another place is more suitable and convenient.

#### Regulation .17 Sociological Information.

*COMAR 14.09.16.17*

A. For purposes of this regulation, “sociological information” means:

  (1) Social Security number;

  (2) Personal phone number;

  (3) Personal email address; and

  (4) Date of birth.

B. Except for use in carrying out the custodian’s governmental functions or except as further provided in §C of this regulation, a custodian may not disclose under the Act, and shall deny a request for inspection or copying of, any part of a public record that contains sociological information relating to an individual.

C. A custodian may disclose sociological information:

  (1) To other public employees in the performance of their public duties;

  (2) To parties to a claim filed with the Commission;

  (3) To the person in interest or the agent or representative of the person in interest;

  (4) With the consent of the person in interest;

  (5) Pursuant to a duly issued subpoena;

  (6) Pursuant to a court order;

  (7) If disclosure is otherwise required by law; or

  (8) If the Chairman or the Commission determines the disclosure to be in the public interest.