Plain Text Law

Title 14 — Subtitle 13. Northeast Maryland Waste Disposal Authority

Chapter 01. Procurement Procedures

Regulation .01 Purpose.Copy Citation

The procedures established in this chapter are applicable to the procurement of supplies, services, and construction including leasing personal property as a lessee. The Authority is not subject to the State Finance and Procurement Article, Annotated Code of Maryland.

Regulation .02 Conflict of Interest.Copy Citation

The members of the Authority, its Executive Director, and staff members are required to comply with the conflict of interest provisions found in the General Provisions Article, Title 5, Subtitle 5, Annotated Code of Maryland.

Regulation .03 Scope.Copy Citation

A.
This chapter does not apply to the following:
(1)
Contracts with or procurement from:
(a)
A State agency or unit,
(b)
A political subdivision of the State,
(c)
An agency of a political subdivision of the State,
(d)
A government, including the government of another state or the United States,
(e)
An agency or political subdivision of the State, or
(f)
A bistate, multistate, bicounty, or multicounty governmental agency;
(2)
Acquisition of real property or a permanent or temporary interest in real estate;
(3)
Disposal of real or personal property; or
(4)
Contracts or purchases that were originally procured by a federal, state or local government agency or entity, pursuant to the procurement laws and regulations of the procuring entity.

Regulation .04 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Northeast Maryland Waste Disposal Authority.
(2)
“Board” means the Board of Directors of the Authority.
(3)
“Executive Director” means the Executive Director of the Northeast Maryland Waste Disposal Authority.
(4)
“Person” has the meaning stated in Natural Resources Article, §3-101(j), Annotated Code of Maryland.
(5)
Proposal.
(a)
“Proposal” means the response by an offeror to a request for proposals to obtain supplies, services, or construction.
(b)
“Proposal” may include, without limitation, an offeror's price, description of technical expertise, work experience, and other information requested in the solicitation.
(6)
“Responsible” means a person who has the capability in all respects to dutifully perform fully the contract requirements, and the integrity and reliability that ensures good faith performance.
(7)
“Responsive” means a bid or offer submitted in response to a solicitation that conforms in all material respects to the requirements contained in the solicitation.
(8)
“Services” means the rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance.
(9)
“Supplies” means all tangible personal property, including equipment, leases of equipment, and insurance, including any incidental services.

Regulation .05 Procurement Authority.Copy Citation

The power to contract on behalf of the Authority for the procurement of materials, supplies, or services and construction shall be vested in the Executive Director. The Executive Director may, with the approval of the Authority, delegate this power to other staff members. The Executive Director may exercise any responsibility of the Authority set forth in these regulations. However, contracts and orders involving the expenditure of more than $10,000 shall be awarded only by resolution of the Authority upon recommendation of the Executive Director.

Regulation .06 Advertising.Copy Citation

Advertising, when used, shall be placed in one or more newspapers of general circulation serving the area where the procurement is required, or e-Maryland Marketplace. Wider range advertising, including advertising in professional and trade publications, may be employed at the discretion of the Executive Director. The advertisement shall describe the materials, supplies, equipment, or services required, pertinent information as to submission of bids, proposals or qualification statements, and shall identify a staff member of the Authority who can respond to inquiries concerning the procurement.

Regulation .07 Methods of Procurement.Copy Citation

A.
All purchases shall be awarded by one of the following methods:
(1)
Competitive sealed bidding;
(2)
Competitive negotiation;
(3)
Small procurement procedures, when permitted by Regulation .14 of this chapter;
(4)
Revised bids after competitive sealed bidding where all bids are rejected;
(5)
Sole source procurement, when permitted by Regulation .11 of this chapter;
(6)
Emergency procurement, when permitted by Regulation .12 of this chapter; or
(7)
Intergovernmental cooperative purchasing as that term is defined in State Finance and Procurement Article, §13-110, Annotated Code of Maryland, and COMAR 21.05.09.
B.
The Authority shall select the method of procurement which in its discretion best meets the needs of the Authority.

Regulation .08 Prequalification.Copy Citation

A.
The Authority may require prequalification of bidders regardless of the method of procurement selected.
B.
Method of Prequalification.
(1)
The Authority shall issue a request for qualifications.
(2)
The Authority may invite some or all persons and entities seeking to become qualified to participate in oral interviews. The interviews will become part of the responses to a request for qualifications.
(3)
The Authority may require some or all persons and entities seeking to become qualified to submit additional data and information, which will become part of the responses.
(4)
The Authority shall evaluate the responses and shall rank each response in accordance with evaluation criteria.
(5)
By applying the evaluation criteria, the Authority shall establish a short-list composed of a minimum of two and, in general, a maximum of five persons or entities.
(6)
The Authority shall notify those who qualified for the short-list that they have qualified and that they can anticipate a request for proposals, an invitation to bid, or, depending on the method of procurement selected by the Authority, an invitation to participate in negotiations.
(7)
The Authority shall notify those who did not qualify.
C.
The requirement for competition may be satisfied by the prequalification process.

Regulation .09 Guidelines for Competitive Sealed Bidding.Copy Citation

A.
Bids shall be submitted in a sealed envelope marked with the bidder's name. All bids will be publicly opened at the time and place stated in the request.
B.
Award shall be made with reasonable promptness after the date of bid opening to that person or entity with the lowest bid which is both responsible and responsive.
C.
All bids may be rejected if the Authority determines that it is in the public interest to do so.

Regulation .10 Guidelines for Competitive Negotiation.Copy Citation

A.
A special form or procedure is not prescribed for procurement by competitive negotiation. The request shall be in writing and shall describe the procurement in sufficient detail to provide an understanding of what is required, but should not be unnecessarily restrictive so as to preclude or limit competition. The request shall state applicable dates for the submission of proposals, and any other information which may be necessary and useful, including evaluation criteria.
B.
Precautions shall be taken to avoid prejudice in the selection of a source of supply, and to assure that a fair and reasonable price is obtained. This section does not preclude the Authority from making an award when only one proposal is received by the Authority after advertising.
C.
The Authority may conduct oral negotiations before or after the receipt of proposals. The purpose of the negotiation is to promote understanding of the Authority's requirements and the offerors' proposals and to facilitate arrival at a contract that is most advantageous to the Authority. The Authority may require offerors to submit best and final offers after negotiations.
D.
The Authority shall make an award to the offeror whose proposal or, if applicable, best and final offer, after giving effect to the understanding gained during negotiations, is determined to be most advantageous to the Authority.
E.
The Authority may abandon a procurement by competitive negotiation if it is determined to be in the public interest to do so.

Regulation .11 Sole Source Procurement.Copy Citation

A.
Condition for Use. Sole source procurement is not permissible unless a requirement is available from only a single vendor.
B.
The determination as to whether a procurement shall be made as a sole source shall be made by the Executive Director, and approved by the Board. The determination and the basis for it shall be in writing. The Authority may not award a contract to a sole source before the Board's approval, except as allowed in Regulation .14 of this chapter.

Regulation .12 Emergency Procurement.Copy Citation

A.
Application. The Authority may award an emergency contract by means other than competitive sealed bidding or competitive negotiation under Regulation .09 or .10 of this chapter.
B.
Scope. “Emergency” means a sudden and unexpected occurrence or condition which the Authority could not reasonably foresee and which requires an action to avoid or to mitigate damage to the environment or to health, safety, or welfare. An emergency procurement is limited to the procurement of only those items necessary to avoid or to mitigate the damage to the environment or to health, safety, or welfare.
C.
Competition. The Authority shall reasonably attempt to obtain such competition as is consistent with meeting the time requirements of the emergency.

Regulation .13 Supplemental Work.Copy Citation

The Authority need not follow the procurement process as set forth in these regulations when the procurement is for supplemental work, substantially related to work previously awarded by the Authority by competitive sealed bidding or competitive negotiation, and where further competitive procurement would not enhance the public interest.

Regulation .14 Small Procurement Procedures.Copy Citation

Materials, supplies, equipment, and services may be procured by open market purchase or sole source award when the amount involved is anticipated to be less than $2,500 in the aggregate on an annual basis for a particular procurement. Procurement by open market purchase or sole source award in amounts over $2,500, but less than $10,000, is permitted when the materials, supplies, equipment, and services are of a unique and special nature, or when public exigency will not permit the delay incident to competition. In this event, a memorandum justifying the action and signed by the Executive Director shall be filed with the official records of the Authority.

Regulation .15 Contracts Voidable for Noncompliance.Copy Citation

A.
If the Board determines that a procurement violates this chapter, the Board may determine that the procurement contract is voidable rather than void if the Board finds that:
(1)
All parties have acted in good faith;
(2)
Ratification of the procurement contract would not undermine the purposes of this chapter; and
(3)
The violation, or series of violations, was insignificant or otherwise did not prevent substantial compliance with this chapter.
B.
If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has not acted in violation of this chapter, the Board may:
(1)
Ratify the contract if it determines that ratification is in the best interest of the Authority; or
(2)
Void the contract.
C.
If the Board determines that a procurement contract is voidable under §A of this regulation and that the contractor has acted in violation of this chapter, the Authority:
(1)
May void the contract; or
(2)
Without the prejudice to the Authority's right to appropriate damages, may ratify the contract if the Board determines that ratification is in the best interests of the Authority.

Regulation .16 Bid Protests.Copy Citation

A.
Time Restrictions.
(1)
A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be submitted to the Director of Finance and Administration before bid opening or the closing date for receipt of initial proposals.
(2)
For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be submitted to the Director of Finance and Administration not later than the next closing date for receipt of proposals following the incorporation.
(3)
In all other cases, protests shall be submitted to the Director of Finance and Administration not later than 7 days after the basis for protest is known, or should have been known, whichever is earlier.
(4)
A protest received by the Director of Finance and Administration after the time limits of §A(1)—(3) of this regulation may not be considered and shall be denied as untimely.
B.
Form and Content of Bid Proposals.
(1)
To expedite the handling of protests, the envelope should be labeled “Protest”.
(2)
The written proposal shall include as a minimum the following content:
(a)
The name and address of the protestor;
(b)
Appropriate identification of the procurement and, if a contract has been awarded, its number if known;
(c)
A statement of the reasons for the protest;
(d)
Supporting exhibits, evidence, or documents to substantiate the reasons for the protest; and
(e)
If not available within the time restrictions:
(i)
A description of the nature and extent of the evidence and documents; and
(ii)
The expected availability date of the evidence and documents.
(3)
Any additional information or substantiation requested by the Director of Finance and Administration shall be submitted within 5 days after receipt of request, or other time as the Director of Finance and Administration may specify in order to expedite consideration of the protest. Failure of the protestant to comply with a request for information or substantiation by the Director of Finance and Administration may result in a resolution of the protest without consideration of any response to the request that is not timely filed.
C.
Authority Determination and Finding.
(1)
After a protest is filed, the Director of Finance and Administration shall consider the protest, all supporting documentation, and any submissions from other bidders or offerors. This consideration is not a contested hearing, subject to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After consideration, the Director of Finance and Administration shall make a determination and finding regarding the protest.
(2)
For contracts valued at less than $10,000, the Director of Finance and Administration may make the determination and finding without consultation with the Executive Director.
(3)
For contracts valued at $10,000 or more, the Director of Finance and Administration shall provide a proposed determination and finding to the Executive Director. The Executive Director shall consider the protest and shall issue the determination and finding.
(4)
The determination and finding shall be forwarded by certified mail to the protestor.
D.
Appeal.
(1)
The protestor may appeal the determination and finding to the Board of Directors within 10 days after receipt. The appeal shall be in writing, and include a copy of the protest and the determination and finding. In addition, the appeal shall contain all grounds for disagreement with the determination and finding. Appeals not received within 10 days after receipt by the protestor shall be dismissed as untimely.
(2)
If the protestor desires a hearing on its protest, a request for a hearing shall be made, in writing, at the time of the appeal. If a timely request for a hearing is received, the Board of Directors shall conduct a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. In accordance with State Government Article, §10-205, Annotated Code of Maryland, the Board of Directors may delegate its authority to conduct this hearing to the Office of Administrative Hearings.
(3)
The Board of Directors shall issue a final decision on the protest, which is the final Authority decision. This final decision of the Authority is subject to judicial review in accordance with the rules established by State Government Article, §10-222, Annotated Code of Maryland.
E.
Contract Awards.
(1)
Generally, if a protest has been filed, the Authority may not award the contract until there is a final Authority decision on the protest.
(2)
The Authority may award a contract before there is a final Authority decision after making a determination and finding which considers:
(a)
The merits of the protestor's complaint;
(b)
The need of the Authority for the procurement, which is the subject of the protest;
(c)
The fluctuations in the market, which may impact costs;
(d)
The unwillingness of the proposed awardee to extend its offer; or
(e)
Other factors which impact on the public interest.

Chapter 02. Designation of the Boundary of the Northeast Maryland Waste Disposal Region

Regulation .01 Purpose and Scope.Copy Citation

The boundary established in these regulations shall be the basis of the Maryland Environmental Service's designation of the Northeast Maryland Waste Disposal Region as a solid waste disposal service region as provided in Natural Resources Article, §3-106, Annotated Code of Maryland, the basis of the Northeast Maryland Waste Disposal Authority's 5-year planning process, and the basis of the establishment of service districts within the Northeast Maryland Waste Disposal Region pursuant to any duly adopted 5-year plan.

Regulation .02 Boundary.Copy Citation

The boundary of the Northeast Maryland Waste Disposal Region shall be: To the North, the boundary between the State of Maryland and the Commonwealth of Pennsylvania; to the East, to the extent of county jurisdiction, the Susquehanna River, and the Chesapeake Bay; to the South, a line described by U.S. Routes 50 and 301, from the Preston Lane Jr. Memorial Bridge to a point generally west of the City of Annapolis where this highway intersects with Maryland Route 450 (Defense Highway) and from there following Maryland Route 450 to the intersection of this highway with the boundary between Anne Arundel and Prince George's Counties; and to the West, a line proceeding in a northerly direction along the boundary of Anne Arundel with Prince George's and Howard Counties to its juncture with the boundary of Baltimore County and then northwesterly along the boundary of Baltimore County with Howard and Carroll Counties.

Regulation .03 Boundary Revisions.Copy Citation

The boundary defined in Regulation .02 shall be revised only by regulation.

Chapter 03. Public Information Requests

Regulation .01 General.Copy Citation

These regulations set out procedures for filing requests with the Northeast Maryland Waste Disposal Authority for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Authority to facilitate public access to the records of the Authority, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2)
“Applicant” means a person requesting disclosure of public records.
(3)
"Authority" means the Northeast Maryland Waste Disposal Authority.
(4)
“Custodian” means and includes the official custodian or any authorized person employed by the Authority having personal custody and control of public records of the Authority.
(5)
“Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Authority. Unless otherwise provided by law, the Executive Director of the Authority is the official custodian of the Authority's records.
(6)
“Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland.
(7)
“Working day” means a day other than Saturday, Sunday, or State holiday or national holiday.

Regulation .03 Who May Request.Copy Citation

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

Regulation .04 Necessity for Written Request.Copy Citation

A.
Inspections.
(1)
Except as otherwise provided in this regulation, the custodian shall generally make public records 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 the Act or any other law may prevent the disclosure of the public record to the applicant or that a written request will materially assist the Authority in responding to the request.
B.
Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.

Regulation .05 Contents of Written Request.Copy Citation

A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the public record sought.

Regulation .06 Filing Written Request.Copy Citation

A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Executive Director of the Authority.

Regulation .07 Response to Written Request.Copy Citation

A.
If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information.
B.
If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial.
C.
If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D.
With the consent of the applicant, any time limit imposed by §§A—C may be extended for an additional period not to exceed 30 days.

Regulation .08 Notification of Persons Who May Be Affected by Disclosure.Copy Citation

Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a public record to the applicant that a request for inspection or copying of the record has been made. The custodian may solicit and consider the viewpoint of that person before deciding whether to disclose the record to the applicant.

Regulation .09 Records Temporarily Unavailable.Copy Citation

If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall promptly notify the applicant that the public record is not immediately available, and schedule a date and hour within a reasonable time for inspection or copying.

Regulation .10 Records Destroyed or Lost.Copy Citation

If a requested record has been destroyed or lost, the custodian to whom the application is made shall promptly notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.

Regulation .11 Review of a Denial.Copy Citation

A.
If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B.
If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Executive Director of the Authority and the hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Executive Director. The Executive Director shall issue the final decision of the Authority unless the Executive Director delegates the final decision authority.
C.
If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland:
D.
If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.

Regulation .12 Disclosure Against Public Interest.Copy Citation

A.
If, in the opinion of the official custodian, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
B.
The official custodian may solicit and consider the advice and counsel of a person or persons specializing in the fields of law, engineering, or finance in order to form an opinion as to whether the application should be denied.

Regulation .13 Fees.Copy Citation

A.
The fee schedule for copying and certifying copies of records is as follows:
(1)
Copies. The fee for each copy is $.25 per page if reproduction is made by a photocopying machine within the Authority. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction.
(2)
Certification of Copies. If an applicant requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.
(3)
Minimum Fee Charged. A charge may not be made if the total amount of the fee would be $1 or less.
B.
Notwithstanding §A, above, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.
C.
If the custodian is unable to copy a record within the Authority, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Authority. The official custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.
D.
Before copying a record, the official custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.
E.
Except as provided in §F of this regulation, the official custodian may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying.
F.
The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for inspection or copying.
G.
Upon request, the official custodian may waive or reduce any fee charged pursuant to these regulations 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 applicant to pay the cost or fee.
H.
If the applicant requests that copies be mailed or delivered to the applicant, the official custodian may charge the applicant for the cost of postage or delivery to the applicant.

Regulation .14 Time of Inspection.Copy Citation

An applicant may inspect any public record permitted under the Act and these regulations during the normal working hours of the Authority.

Regulation .15 Place of Inspection.Copy Citation

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

Chapter 04. Correction or Amendment of Personal Records

Regulation .01 General.Copy Citation

These regulations set out procedures within the Northeast Maryland Waste Disposal Authority for persons in interest to request the correction or amendment of personal records under State Government Article, § 10-625, Annotated Code of Maryland.

Regulation .02 Definitions.Copy Citation

A.
"Authority" means the Northeast Maryland Waste Disposal Authority.
B.
“Custodian” means and includes the official custodian or any authorized person employed by the Authority having personal custody and control of public records of the Authority.
C.
“Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Authority. Unless otherwise provided by law, the Executive Director of the Authority is the official custodian of the Authority's records.
D.
“Person in interest” means and includes the person who is the subject of a record or any representative designated by that person, except that if the subject of the record is under legal disability, the term “person in interest” shall mean and include the parent or duly appointed legal representative.
E.
“Personal records” means and includes any public record that contains information pertaining to a natural person whose identity can be ascertained from the public record with reasonable certainty either by name, address, number, description, finger or voice print, picture, or any other identifying factor or factors.
F.
“Third party” means any natural person, corporation, partnership, firm, association or governmental agency who is not a “person in interest.”

Regulation .03 Who May Request.Copy Citation

A person in interest who has the right to inspect records pursuant to State Government Article, §§10-614—10-619, Annotated Code of Maryland, may request the Authority to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.

Regulation .04 Contents of Request.Copy Citation

The person in interest shall request the correction or amendment in writing. Each request shall:
A.
Identify the personal records the person is seeking to correct or amend;
B.
State the precise correction or amendment requested;
C.
State the reason the correction or amendment is sought; and
D.
Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.

Regulation .05 Filing the Request.Copy Citation

A request for correction or amendment of the records shall be filed with the Authority by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Executive Director, Northeast Maryland Waste Disposal Authority, 131 East Redwood Street, Suite 503, Baltimore, Maryland 21202-1275.

Regulation .06 Return of Request.Copy Citation

A request for correction or amendment will be considered filed with the Authority when received only to the extent that it reasonably complies with Regulation . 04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Authority.

Regulation .07 Response to Request.Copy Citation

Within 30 days after the completed request for correction or amendment that complies with Regulations . 04 and .05 is received, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person in writing of the action;
B.
Inform the person in writing of the:
(1)
Authority's refusal to make the requested correction or amendment,
(2)
Reason for the refusal; or
C.
Inform the person in writing that the request will not be acted on because:
(1)
The person is not a person in interest,
(2)
The records sought to be corrected or amended are not personal records,
(3)
The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-614—10-619, Annotated Code of Maryland, or
(4)
Of any other reason that is authorized by law.

Regulation .08 Refusal of Request.Copy Citation

If the Authority's final determination under Regulation . 07 is to refuse the requested correction and amendment, as authorized by Regulation .07B, the person in interest may file with the Authority a concise statement, not to exceed five 8 x 11 inch pages, of the reasons for:
A.
The requested correction or amendment; and
B.
Disagreement with the Authority's refusal to make the correction or amendment.

Regulation .09 Information Provided to Third Parties.Copy Citation

When the Authority discloses to a third party information from personal records about which a statement in compliance with Regulation . 08 has been filed, the Authority shall furnish a copy of the statement to the third party.

Regulation .10 Administrative Review.Copy Citation

A.
A person in interest may request an administrative review within the Authority by filing a request for review with the Executive Director if the person in interest has been denied:
(1)
An amendment or correction of a record;
(2)
The right to file a statement; or
(3)
The right to have a statement forwarded to a third party pursuant to Regulation .09.
B.
A request for review shall be filed within 30 days of the date the person in interest is advised of the Authority's action.
C.
The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
D.
This remedy of administrative review need not be exhausted before filing suit in a circuit court pursuant to State Government Article, §10-623, Annotated Code of Maryland.

Chapter 05. Open Meetings

Regulation .01 General.Copy Citation

This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
"Authority" means the Northeast Maryland Waste Disposal Authority.
(2)
“Open session” means a meeting of the Authority required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.

Regulation .03 Public Attendance.Copy Citation

A.
The general public is invited to attend and observe an open session of the Authority.
B.
Except in instances when the Authority expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

Regulation .04 Disruptive Conduct.Copy Citation

A.
An individual attending an open session of the Authority may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of a member of the public to attend and observe the session.
B.
The presiding officer may:
(1)
Order a person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2)
Request police or other assistance to restore order; and
(3)
Recess the open session while order is restored.

Regulation .05 Recording, Photocopying, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including a representative of the news media, may:
(1)
Record discussions of the Authority at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Authority or others attending the open session; and
(2)
Photograph or videotape the proceedings of the Authority at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Authority or others attending the open session.
B.
A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the open session; and
(2)
Does not create noise that disturbs members of the Authority or others attending the open session.
C.
The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.

Regulation .06 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.