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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Applicant” means a person requesting disclosure of public records. "Authority" means the Northeast Maryland Waste Disposal Authority. “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. “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. “Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland. “Working day” means a day other than Saturday, Sunday, or State holiday or national holiday. Any person may request to inspect or copy public records of the Authority. Inspections. 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. 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. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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: 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. 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. 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. The fee schedule for copying and certifying copies of records is as follows: 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. 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. Minimum Fee Charged. A charge may not be made if the total amount of the fee would be $1 or less. 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. 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. 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. 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. 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. 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. 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. An applicant may inspect any public record permitted under the Act and these regulations during the normal working hours of the Authority. 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. State Government Article, §10-621;Natural Resources Article §§3-903(d) and 3-905(b); Annotated Code of Maryland Effective date: February 28, 1983 (10:4 Md. R. 316) Chapter revised effective December 11, 2003 (30:24 Md. R. 1744)