Plain Text Law

Title 14 — Subtitle 18. State Archives

Chapter 01. Certificates of Reservation and Land Patents

Regulation .01 Application for Certificates of Reservation.Copy Citation

All applications for certificates of reservation shall be on forms required by the Commissioner of Land Patents and shall, in the case of a unit of State government, be filed with a copy of the Board of Public Works agenda item approving the request to apply or, in the case of any other governmental body, be filed with a copy of a document from the appropriate authority approving the request to apply. An application may not be considered filed until it has been determined complete and in order by the Commissioner or the Commissioner's authorized agent.

Regulation .02 Applications for Warrants to Survey or Resurvey.Copy Citation

A.
All applications for warrants to survey or resurvey shall be on forms required by the Commissioner of Land Patents and shall be filed in triplicate with certified copies of documents, where required, attached to each copy. The application shall be accompanied by cash, check, or money order in the amount of $100. An application may not be considered filed until it has been determined complete and in order by the Commissioner or his duly authorized agent.
B.
In complying with Real Property Article, §13-302(a)(2), Annotated Code of Maryland, that is, in supplying the names and addresses of all persons other than the applicant who would obtain a direct or indirect title interest in the land, the applicant may list a spouse but need not list all possible heirs to the title. It is to be understood that the purpose of Real Property Article, §13-302(a)(2) is to make certain that the applicant is applying solely on his own behalf and not on the behalf of any hidden partners, commercial enterprise, corporate or otherwise, or as an agent on behalf of any undisclosed principals.

Regulation .03 Warrants.Copy Citation

A.
Warrants to survey or resurvey shall only be issued to a professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act.
B.
Warrants to survey or resurvey shall be on forms prescribed by the Commissioner of Land Patents and shall be sent to the surveyor by the Commissioner with a copy of the application attached. The notice of issuance of warrant required by Real Property Article, §13-308 shall be prepared by the Commissioner and sent to the applicant who shall then see to its newspaper publication and posting and provide the Commissioner with the certificate of publication and the sheriff's certificate of posting. All costs of the publication and posting shall be borne by the applicant, and the Commissioner of Land Patents bears no responsibility for it.
C.
In his acknowledgment of receipt of the warrant, the surveyor shall understand “last publication of notice” in Real Property Article, §13-307(b)(2) to mean the last publication in a newspaper as specified in Real Property Article, §13-308(c)(1)(i). That is to say, the surveyor shall set a date for making the survey which shall be no earlier than 10 days and no later than 6 months after the appearance of the third weekly newspaper notice required by Real Property Article, §13-308(c)(1)(i).

Regulation .04 Surveys.Copy Citation

Upon issuance of a warranty to survey or resurvey, the applicant shall immediately contact the surveyor and shall cooperate with the surveyor in all respects as he may require. Compensation of the surveyor shall be the exclusive responsibility of the applicant, and the Commissioner of Land Patents assumes no responsibility for it.

Regulation .05 Previously Performed Surveys.Copy Citation

A.
The Commissioner may accept a previously performed survey upon finding that the surveyor is a qualified professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act, that the survey was conducted in accordance with standards required by the Commissioner, and that adjoining landowners were given written notice of the survey.
B.
Unless as otherwise provided, the provisions of Real Property Article, Title 13, Annotated Code of Maryland, and this chapter applicable to a survey performed pursuant to a warrant issued by the Commissioner are applicable to a previously performed survey.

Regulation .06 Certificates of Survey.Copy Citation

A.
Certificates of survey shall be on forms prescribed by the Commissioner of Land Patents and shall be filed in duplicate.
B.
The plat required by Real Property Article, §13-310(b)(1), shall be filed in duplicate. Both plats shall be submitted on linen sheets or an acceptable equivalent. The signature and seal of the surveyor shall be affixed to to the plats as well as to the certificates of survey.
C.
Upon receipt of the certificates, plats, and the surveyor's description of the land to be patented, the Commissioner shall immediately forward copies to the Department of Transportation and the Department of Natural Resources so those agencies can better determine whether the land will be needed for future public use.

Regulation .07 Certificate of Valuation.Copy Citation

A.
In providing the statement of the reasons for the valuation as required by Real Property Article, §13-313(b)(3), the assessors shall be as specific as possible. Mere statements as “based on sales in the area” are inadequate. Examples of recent sales valuations of similar property should be included in the reasons for the valuation.
B.
In the case of an application by a governmental body for a certificate of reservation, the Supervisor of Assessments is not required to assess the value of the land.

Regulation .08 Objections.Copy Citation

A.
Persons entitled to object under Real Property Article, §13-401 shall do so in the manner prescribed under Real Property Article, §13-402, within 6 months after the issuance of the warrant to survey or 60 days after the surveyor's return of the certificate of survey, whichever is later.
B.
Acceptance of a previously performed survey does not preclude an objector from raising any objection that might otherwise have been raised had the survey been performed pursuant to a warrant issued by the Commissioner.

Regulation .09 Determination of Forum.Copy Citation

Requests of parties to the proceeding for referral to the circuit court may be made in the manner and within the time required by Real Property Article, §13-405, Annotated Code of Maryland, and the Commissioner's determination of an appropriate forum shall be final.

Regulation .10 Hearings Before Commissioner.Copy Citation

A.
This regulation governs hearings on an application for a land patent or a certificate of reservation. To the extent that is practical, as determined by the Commissioner, this regulation also governs other hearings conducted by the Commissioner.
B.
Location and Date. The hearing shall take place at the State Archives, 350 Rowe Boulevard, Annapolis, Maryland, on the date and at a time specified by the Commissioner. For cause, the Commissioner may designate another site as the place for the hearing. At the request of a party or at the Commissioner's initiative, a hearing may be postponed or continued to another date and time or moved to another site.
C.
Notice. At least 15 days before the hearing, the Commissioner shall send a written notice to all parties advising them of the place, date, and time of the hearing. To the extent that the issues have been defined, the notice shall state the issues to be considered and decided. In the event of a postponement or continuance, the Commissioner shall give notice as may be effective in the circumstances.
D.
Parties. The applicant and a person or governmental entity which has filed an objection are parties.
E.
Representation. Parties may appear in proper person or by counsel. Parties represented by counsel shall advise the Commissioner of the counsel's name at least 10 days before the hearing.
F.
Presiding Officer. The Commissioner is the presiding officer at the hearing. The Commissioner has complete charge of the hearing and shall conduct it in accordance with the Administrative Procedure Act.
G.
Counsel to the Presiding Officer. If requested by the Commissioner, counsel to the State Archives or another attorney designated by the Attorney General shall serve as counsel to the Commissioner. Counsel to the Commissioner has all the rights and privileges that counsel for a party would have.
H.
Prehearing Conference. The Commissioner may, upon due notice, hold a prehearing conference with the parties for the purpose of defining the issues, entering stipulations, and resolving other matters preliminary to the hearing.
I.
List of Witnesses, Exhibits, and Documents. Before the hearing, the Commissioner may order the parties to file a list of witnesses, exhibits, and documents which they expect to call or introduce into evidence. Copies of the list shall be made available to all parties.
J.
Record and Transcript.
(1)
The Commissioner shall prepare an official record, which includes the pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.
(2)
Unless waived by all parties, a stenographic record of the hearing shall be made and the expense shall be one of the costs of the hearing. If the record is transcribed at the direction of the Commissioner, a party may obtain a copy upon paying the cost of reproduction. If the record is not transcribed at the direction of the Commissioner, a party may, at the party's own expense, request that the record be transcribed and the Commissioner and any party may obtain a copy upon payment of the cost of reproduction.
K.
Order of Procedure. Unless directed otherwise by the Commissioner, the applicant shall call witnesses and present evidence first. The objecting parties shall then call witnesses and present evidence. The applicant may then call witnesses and present evidence in rebuttal.
L.
Opening Statements. The parties or their counsel may make opening statements.
M.
Witnesses, Evidence, and Motions.
(1)
Subject to the rules of evidence of the Administrative Procedure Act, the parties and the Commissioner may call witnesses and present evidence.
(2)
Witnesses shall testify under oath and are subject to cross examination by the other parties and the Commissioner, or the Commissioner's counsel.
(3)
Parties may make motions, exceptions, and objections. As the Commissioner considers appropriate, the Commissioner may allow other parties to respond. Except for good cause, the Commissioner shall promptly rule on all motions, exceptions, and objections.
(4)
Parties represented by counsel may only examine and cross examine witnesses and make motions, exceptions, objections, and responses by counsel.
(5)
The burden of proof is on the applicant.
N.
Memoranda and Briefs. The Commissioner may allow the parties to submit memoranda and briefs in the form and number as the Commissioner may direct.
O.
Closing Arguments. The parties or their counsel may make closing arguments.
P.
Opinions. The Commissioner shall issue a written opinion within 30 days of the end of the hearing. A copy shall be promptly sent to each party.
Q.
Costs. The Commissioner may assess a party with any part of the costs of the hearing.

Regulation .11 Purchase Price.Copy Citation

A.
The purchase price shall be the fair market value of the land, as determined by the Commissioner under Real Property Article, §13-313, as amended by Acts of 1977, Chapter 162, less all expenses of the surveyor, reasonable attorney's fees, and costs charged by the Commissioner. Within 15 days after the hearing, the applicant must submit an account of the expenses deductible by law. Publication costs are not deductible items under current legislation.
B.
A governmental body requesting a certificate of reservation is not required to pay the purchase price of the land.

Regulation .12 Certificates of Reservation.Copy Citation

In the case of an application for a certificate of reservation, the Commissioner's opinion and findings shall constitute the certificate of reservation and the description of the land provided by the surveyor shall be made an attachment thereto.

Regulation .13 Patents.Copy Citation

After the Commissioner has prepared, sealed, and signed the patent, he shall forward it to the assistant attorney general assigned. The assistant attorney general shall then examine the patent as to form and legal sufficiency, and, if the contents be deemed in order, he shall endorse the patent in the space beneath the Commissioner's signature with the statement, “Approved as to form and legal sufficiency this ____ day of __________ , 19____ ”, and affix his signature. The patent shall then be forwarded by the Commissioner to the Board of Public Works as required under Real Property Article, §13-502, as amended by Acts of 1977, Chapter 162. If the patent is approved, the patent shall be endorsed, “Approved by the Board of Public Works this ____ day of __________ , 19____”, and signed by the Secretary of the Board of Public Works.

Regulation .14 Mail.Copy Citation

In addition to using restricted delivery for mailing the warrant (Real Property Article, §13-306), the notice of issuance of warrant (Real Property Article, §13-308(a)), the notice of the return of the certificate of survey (Real Property Article, §13-311(b)(2)), the order for hearing or order for referral of hearing (Real Property Article, §13-405(c)(2)), and the notice of purchase price (Real Property Article, §13-409) as required by the Annotated Code of Maryland, the Commissioner shall use restricted delivery for requesting the valuation of the supervisor of assessments, for issuing copies of the final judgment, and for issuing the patent to the applicant.

Regulation .15 Expenses.Copy Citation

If the Commissioner finds that an applicant for a land patent acted in bad faith and without substantial justification, the Commissioner may require the applicant to pay the reasonable expenses of the objectors, including the objector's attorneys' fees and expert witness fees, and the reasonable expenses of the Commissioner, including administration, research, and hearing expenses.

Regulation .16 General.Copy Citation

A.
These procedural regulations are not intended to change any part of the Real Property Article, Title 13, Annotated Code of Maryland. The intention is to clarify certain provisions thereof and to provide an orderly procedure for the granting of certificates of reservation or the issuance of land patents.
B.
Except as otherwise provided, the provisions of Real Property Article, Title 13, Annotated Code of Maryland, and this chapter applicable to the issuing of land patents are applicable to the granting of certificates of reservation.

Chapter 02. Records Retention and Disposition Schedules

Regulation .01 Purpose.Copy Citation

The purpose of these regulations is to:
A.
Protect records considered essential to the continuing operation of government;
B.
Guarantee the integrity and preservation of permanent records;
C.
Ensure the legal admissibility of the permanent record;
D.
Secure the rights and privileges of citizens;
E.
Assure public access to the records of government;
F.
Promote agency legal and fiscal accountability; and
G.
Provide a means to document agency administrative history.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Agency” means any office, department, board, commission or other separate unit of Maryland government, including the executive, legislative, and judicial branches of government, and all political subdivisions.
(2)
“Appraisal” is the process of determining how long, in what format, and under what circumstances a record series ought to be preserved, based upon the information contained in the records inventory.
(3)
“Archives” means the Maryland State Archives.
(4)
“Custodian” means an officer or employee of the State or a political subdivision who, whether or not the officer or employee has physical custody and control of a public record, is responsible for keeping the public record.
(5)
“Division” means the Records Management Division of the Department of General Services.
(6)
“Non-permanent record” means a public record with temporary value which may be destroyed after the passage of a specified period of time.
(7)
“Permanent record” means a public record which is considered by law, statute, rule, agency personnel or the State Archivist to have ongoing administrative, fiscal, legal, historical, or other archival value.
(8)
“Publication” means any informational material developed by or for an agency for general public dissemination.
(9)
Record.
(a)
“Record” means any documentary material in any form created or received by an agency in connection with the transaction of public business; and
(b)
“Record” includes:
(i)
Written materials, email, books, photographs, photocopies, publications, forms, microfilms, tapes, computerized records, maps, drawings, and other materials in any format;
(ii)
Data generated, stored, received, or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another.
(10)
“Records inventory” means a survey of all records series maintained by an agency resulting in a detailed itemized compilation of the records in the possession of the agency, and is the first step in preparing a records retention and disposition schedule.
(11)
“Records officer” means any person or persons designated according to the provisions of this chapter whose responsibilities include the development and oversight of agency records management programs.
(12)
“Record series” means a set of similar records maintained in any form or format.
(13)
“Schedule” means a records retention and disposition schedule which is an official document listing and describing all records of an agency, and provides:
(a)
For the permanent retention of records considered by statute or the Archivist to be of permanent value; and
(b)
For the destruction of records that are not essential to agency operations after the lapse of a stated period of time.

Regulation .03 Scope.Copy Citation

These regulations apply to all:
A.
Agencies; and
B.
Records.

Regulation .04 Agency Responsibilities.Copy Citation

Agencies shall:
A.
Develop schedules;
B.
Review and update their schedules at least once every 2 years;
C.
Establish and maintain a records management program;
D.
Provide copies of publications to Archives as soon after release to the public as is practicable;
E.
Initiate appropriate action to recover records removed unlawfully or without authorization; and
F.
Transfer to Archives permanent record material not needed for the current operation of the agency in accordance with procedures outlined in this regulation.

Regulation .05 Duties of Custodians, Public Officials, and Employees.Copy Citation

A.
It is the responsibility of all custodians, public officials, and employees to:
(1)
Retain and protect all records in their custody;
(2)
Cooperate with Division and Archives in the establishment and maintenance of an active and continuous program for the economical and efficient management of records;
(3)
Ensure that agency records, including electronic records, are covered by a schedule, which shall outline procedures to ensure the retention and usability throughout the authorized lifecycle of the records.
B.
No officer, employee, or contractor of any agency shall destroy, sell, or otherwise dispose of any record in such person's care or custody or under such person's control without first having followed the procedures under Regulation .07 of this chapter.

Regulation .06 Duties of Division and Archives.Copy Citation

A.
The Division shall assist agency personnel in the development of schedules by providing guidance, templates, forms, and advice.
B.
Upon request from an agency or the Division, the Archives will provide assistance in determining what records may be considered permanent.
C.
The Division and Archives shall provide additional instruction and guidance on the scheduling process and records transfers on a website to be maintained by Archives: http://www.msa.md.gov/msa/intromsa/html/record_mgmt/homepage.html

Regulation .07 Procedures.Copy Citation

A.
Records Inventory.
(1)
Agencies shall submit to Division for review a records inventory for each record series.
(2)
For each record series in inventory, the following information is required:
(a)
Name of the agency that created record;
(b)
Record series title;
(c)
Dates of the oldest and most recent records;
(d)
Description of the types of information, data, or documents which includes:
(i)
Physical form or forms, such as letter-size paper, legal-size paper, bound book, audio tape, electronic data, video tape, film, or other medium;
(ii)
Total quantity of materials, stated in terms of number of units, such as cubic feet, reels of film, tapes, gigabytes of data;
(iii)
Estimated annual growth;
(iv)
Current location or locations;
(v)
Index system used for access, if any;
(vi)
Access restrictions, if any, based on laws or regulations (with citations); and
(vii)
Audit requirements, if any.
B.
Records Schedule.
(1)
A Schedule shall be prepared by:
(a)
Inventorying the records;
(b)
Appraising the records;
(c)
Preparing the schedule;
(d)
Obtaining legal authorization for use of the schedule from the State Archivist.
(2)
Schedules shall:
(a)
Provide for periodic transfer to the Archives, at a stated frequency, of records designated to be of permanent value, including electronic records;
(b)
Provide for annual or more frequent transfer to the Archives of master security microform designated as permanent;
(c)
Designate agency publications as permanent and provide for copies to be sent to Archives;
(d)
Define any access restrictions that apply, give legal or regulatory citation for access restrictions, and note when or under what circumstances those restrictions will be lifted; and
(e)
Specify the length of time nonpermanent records will be kept in the agency or, if applicable, stored in a records center, or retained after required audit.
(3)
Schedules containing new record series must be submitted to the Division with records inventories.
C.
Legal Authorization and Implementation of Schedules.
(1)
Before an agency submits to Division a proposed schedule, the schedule shall have been approved in writing by the agency director.
(2)
Three signed copies of any proposed schedule and one copy of the records inventory accompanying each proposed schedule shall be submitted to Division for review.
(3)
Proposed revisions made by Division and approved by the agency shall be incorporated into proposed schedule and signed by the agency director.
(4)
The Division shall assign a control number (schedule number) and forward to Archives all three copies of proposed schedule, as amended or revised, and records inventory.
(5)
Archives shall review proposed schedule and, if the State Archivist approves it as submitted, two copies signed by the State Archivist shall be returned to the Division (one copy for transmittal to the agency). If the State Archivist disapproves the proposed schedule, in whole or in part, the Archives shall return all copies to Division with a statement of reasons for disapproval. The Division then shall request the agency to modify the schedule and resubmit it to the State Archivist for approval.
(6)
Until it has been approved in writing by the State Archivist, a schedule does not constitute legal authorization for the disposal of records.
(7)
At any time, a schedule may be amended or revised by an agency, or at the request of Division or Archives. Reasons for amendments or revisions may include the creation of new record series, changes in record-keeping practices, changes in formats, or reorganization of an agency. To amend or revise a schedule, steps outlined in this chapter shall be followed.

Regulation .08 Form and Format.Copy Citation

Records designated by schedule as being permanent are to be considered permanent regardless of the form and format of the records, and whether or not a duplicate exists in some other form or format. All permanent records shall be scheduled for transfer to Archives.

Regulation .09 Custodian Designated.Copy Citation

Public officials charged with the statutory or delegated responsibility for administering an agency, and for creating, storing, and maintaining records shall be the custodian of such records. Upon transfer of any and all records to Archives, the State Archivist shall become the custodian.

Regulation .10 Appointment of Records Officers.Copy Citation

A.
Each agency shall designate at least one records officer to serve as liaison with Division and with Archives for the purpose of implementing and overseeing a records management program, and coordinating legal disposition, including destruction of obsolete records.
B.
Appointment of agency records officers shall be made by the head of each agency.

Regulation .11 Storage and Protection of Records.Copy Citation

A.
All records shall be kept in facilities maintained by the agency responsible for the creation and maintenance of such records, unless the consent of Division is obtained for their transfer or storage elsewhere.
B.
The public official responsible for maintaining an office or offices where records are created or kept shall establish such safeguards against damage, removal, or loss of records as may be required by Archives or Division. Such safeguards shall include notifying all employees of the requirements of this chapter.

Regulation .12 Delivery of Records to Successors.Copy Citation

The custodian of records shall, at the expiration of the custodian's term of office, appointment, or employment, deliver custody and control of all records kept or received in the transaction of official business to the custodian's successor, supervisor, or records officer, or to Archives.

Regulation .13 Transfer of Records upon Termination of Agencies.Copy Citation

A.
All records which are in or shall come into the possession of any agency shall, upon termination of such agency, be transferred to the custody of Archives, provided that such transfer is consistent with the provision of any such termination.
B.
All records which are in or shall come into the possession of any political subdivision of this State shall, upon termination of such political subdivision, be transferred to the custody of Archives.

Regulation .14 Recovery of Record.Copy Citation

A.
Public officials shall notify the Archives of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records that shall come to the agency's attention.
B.
The State Archivist may request the Attorney General to seek appropriate relief.

Regulation .15 Certificate of Records Destruction.Copy Citation

When nonpermanent records are destroyed in accordance with the terms of an approved schedule, the agency or Records Center shall submit a certificate of records destruction to Archives. For each record series, the certificate shall contain:
A.
Name of the agency that created the record;
B.
Record series title;
C.
Inclusive dates;
D.
Schedule number or numbers, assigned by Division, authorizing destruction of record series as well as item number from Schedule;
E.
Quantity of material;
F.
Date of destruction;
G.
Method of destruction; and
H.
Signature of agency director, or the director of the Records Management Division of the Department of General Services, or the State Archivist.

Regulation .16 Certified Copies.Copy Citation

Archives may issue certified copies of any records in its custody.

Chapter 03. Local Archives

Regulation .01 Establishment.Copy Citation

To establish a local archives as the repository for the permanently valuable records of the executive and legislative branches of a county or municipal government, the county or municipal government shall submit a request in writing to the State Archivist. The request shall consist of a proposal that meets the standards and requirements set by this chapter and shall be approved in writing by the State Archivist before implementation.

Regulation .02 Collection Policy.Copy Citation

A.
A local archives may collect the records of a:
(1)
County executive's office and its departments;
(2)
County council and its departments;
(3)
Board of county commissioners;
(4)
County administrative offices; and
(5)
Municipal government offices.
B.
The State Archives is the official repository for permanent records of the following agencies, whose records may not be deposited in a local archives:
(1)
Circuit courts, clerks of the circuit courts, and their predecessor agencies;
(2)
Registers of wills, orphans courts, and their predecessor agencies;
(3)
District courts and their predecessor agencies;
(4)
State agencies and their predecessor agencies, including but not limited to those:
(a)
That have county or other local offices, and
(b)
Whose functions were administered by county or other local agencies before the formation of the State agency, such as the State Department of Assessments and Taxation, State Administrative Board of Election Laws, and Maryland Department of Health.

Regulation .03 Records Retention and Disposal.Copy Citation

A local archives shall follow the requirements of COMAR 14.18.02 governing records retention and disposition schedules, except in reference to the provisions regarding the Records Management Division of the Department of General Services.

Regulation .04 Archival Qualifications.Copy Citation

The minimum qualifications for the archivist or archivists responsible for managing the daily operations of a local archives shall include graduation from an accredited:
A.
Four-year college or university, preferably with a degree in history, archival science, library science, or related field and 3 years of full-time, or its equivalent, professional archival experience; or
B.
College or university with a Master's degree in history, archival science, library science, or related field and 2 years of full-time, or its equivalent, professional archival experience.

Regulation .05 Public Access to Records.Copy Citation

A.
A local archives shall provide the public with access to government records in accordance with State Government Article, §§10-611—10-628, Annotated Code of Maryland.
B.
To facilitate access, a local archives shall provide a guide to its record holdings or be developing a guide. A copy of all published or unpublished finding aids shall be deposited with the State Archives.

Regulation .06 Copying of Records.Copy Citation

A.
Whenever permanent records are microformed or recorded on an equivalent medium, a local archives shall:
(1)
Meet standards of permanence and durability acceptable to the State Archives; and
(2)
Deposit the master security microforms with the State Archives.
B.
The State Archives may require that:
(1)
Records of historical importance be microformed or copied on an equivalent medium at the expense of a local archives; and
(2)
Master security microforms be deposited with the State Archives.

Regulation .07 Preservation and Security of Records.Copy Citation

A.
Records in the form of loose papers shall be stored in acid-neutral folders and acid-neutral boxes.
B.
Records shall be handled so as to prevent physical damage to them.
C.
Temperature in the records storage area shall be maintained at 65°F, plus or minus 5°F, at all times.
D.
Relative humidity in the record storage area shall be maintained at 55 percent, plus or minus 5 percent, at all times.
E.
The records storage area shall have the following fire detection and fire extinguishing devices:
(1)
Smoke detector;
(2)
Heat detector;
(3)
Manual fire extinguishers; and
(4)
Sprinklers or halon system as approved by the State Fire Marshal for use in an archival facility.
F.
To protect against theft, vandalism, and physical misuse of records, a local archives shall have a 24-hour security system and adequate research room security, including researcher identification and supervision of researchers by an archivist when records are being used.

Regulation .08 Transfer of Records to the State Archives.Copy Citation

A local archives may transfer permanent records to the State Archives. If a local archives ceases operation, the permanent records shall be offered to the State Archives.

Chapter 04. Electronic Records

Repealed

Chapter 05. Archival Standards for Records on Microfilm

Regulation .01 Purpose.Copy Citation

These regulations establish uniform methods for the microfilming of records. The standards in these regulations ensure the economical production and use of microfilm in record keeping to meet legal and archival requirements and preserve the integrity of the original records.

Regulation .02 Scope.Copy Citation

A.
These regulations apply to the microfilming of record material by any agency of State, county, or local governments.
B.
With the written approval of the State Archivist, the head of an agency or office may destroy original material that has been photographed, photocopied, or microphotographed if:
(1)
The head of the agency or office offers the original material to the Archives, but the Archives declines to accept;
(2)
The copy is made in a manner that meets the standard of quality of the Archives for permanent photographic records;
(3)
The copy is placed in an adequately accessible container; and
(4)
Provisions are made:
(a)
For the preservation, examination, and use of the copy in a manner that the Archives approves, and
(b)
For a record that a statute otherwise expressly requires to be kept permanently, for the copy to be available, on request, in the same manner as the original material.

Regulation .03 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Agency” means any unit of State, county, or local government.
(2)
“Archives” means the State Archives.
(3)
“Division” means the Records Management Division of the Department of General Services.
(4)
“Office” means a part of an agency.
(5)
“Record” means documentary material in any form or format including paper, microform, electronic record, or other medium, that is:
(a)
Created by an agency or office; or
(b)
Received by an agency or office in connection with the transaction of public business.

Regulation .04 Microfilm Standards.Copy Citation

A.
Microfilm shall be of the type suitable for archival quality. Archival quality or permanent film is defined as any film that is equal to or better than silver-gelatin film, as specified in the “American National Standard for Imaging Media (Film)—Silver-Gelatin Type—Specifications for Stability (ANSI/NAPM IT9.1-1992)” and in the “American National Standard for Photography—Determination of Regional Thiosulfate and Other Related Chemicals in Processed Photographic Materials—Methods Using Iodine—Amylose, Methylene Blue and Silver Sulfide (ANSI/NAPM IT9.17-1993)”, which are incorporated by reference. Diazo or vesicular film are not acceptable as archival quality microfilm.
B.
If an agency is microfilming its own records, it shall be the responsibility of the head of each agency or office to ensure that microfilm equipment is cleaned and maintained according to manufacturer's specifications or accepted industry practice, or both.
C.
Microfilm Processing Requirements.
(1)
For the production of archival quality or permanent film, microfilm shall be processed as described in this section.
(2)
Permanent text records shall be microfilmed at a reduction ratio not greater than 24X.
(3)
Permanent graphic records shall be microfilmed at a reduction ratio not greater than 36X.
(4)
Each film roll shall contain not less than 18 inches of film leader, and 18 inches of film trailer.
(5)
Microfilm Density.
(a)
Optimum background densities of microfilm images are dependent upon the quality of the documents filmed.
(b)
For permanent records, density on negative copies will be between 0.95 and 1.2.
(c)
For nonpermanent records, the ultimate density criterion is that the microfilm be legible for its intended use (reading, copying, or production of hard copy), and that all images on a roll can be printed, as much as is practicable, at the same printing exposure.
(d)
The following classification indicates the maximum limits of density:
(i)
Density not higher than 1.4 is required for high quality printed books, periodicals, and dense typing;
(ii)
Density not higher than 1.3 is required for fine line originals, letters typed with a worn ribbon, pencil writing with a soft lead, and documents with small printing;
(iii)
Density not lower than 1.0 is required for pencil drawings, faded printing, graph paper with pale fine colored lines, and very small printing such as footnotes;
(iv)
Density not lower than 0.8 is required for very weak pencil manuscripts and drawings, and poorly printed, faint, or faded documents; and
(v)
Readings beyond these densities are unacceptable.
(6)
Resolution of the completed microfilm may not be less than 100 lines per millimeter, as determined by inspection of a resolution test chart photographed on each roll of film.
(7)
Residual thiosulfate concentration shall be less than 1 microgram per square centimeter as proved by subsequent testing of the processed film. At regular intervals agencies shall send samples of processed film to the Division's Microfilm Laboratory for methylene blue testing. Samples are to be processed within 1 week before testing if accurate results are to be obtained.
D.
The following identification targets, presented in the order in which they are to appear, shall be used on each roll of microfilm:
(1)
Resolution test target for rotary camera applications derives from the “Standard for Information and Image Management—Practice for Operational Procedures/Inspection and Quality Control of First-Generation Silver Microfilm of Documents, Rotary Camera Test Chart (ANSI/AIIM MS 23-1991)”, which is incorporated by reference, or for planetary camera applications “Photographic Microcopy Target (NBS 1010a)”, which is incorporated by reference;
(2)
A title target for each volume of records to be filmed shall include the agency name and the record title and volume identification, both identifiable without the use of a magnifier or viewer;
(3)
A certification target signed by authorized agency personnel;
(4)
Certificate of Camera Operator Target (RM-4); and
(5)
The appropriate test chart.
E.
During filming, if any document is suspected of not having been filmed correctly, follow that image with a correction target, followed by the document again.
F.
After exposure, each roll of microfilm is developed and inspected to insure completeness and legibility of every image. A light box inspection alone is not acceptable.
G.
Illegible or missing records shall be microfilmed again as retakes, according to the following procedure:
(1)
Allow 18 inches of blank leader at the beginning of the retakes for each individual volume;
(2)
Photograph a start of retake section target;
(3)
Microfilm the documents that were illegible or missing in the same order in which they would have appeared on the original roll if they had been available;
(4)
Microfilm an end of retake section target;
(5)
Allow 18 inches of blank trailer at the end of each section of retakes; and
(6)
After processing, inspection, and approval, splice retake images onto the beginning of the original roll of microfilm that bears the illegible images or lacks the documents contained on the retake roll.
H.
Precautions shall be taken in the handling and storage of original camera microfilm. These precautions include, but are not limited to, the following:
(1)
Always wear cotton gloves when handling film to prevent fingerprints or dirt on the microfilm images;
(2)
Never use tape, paper clips, rubber bands, staples, etc., to splice or hold microfilm on rolls or any other microform;
(3)
Do not place microfilm on reels that corrode or emit toxic elements that destroy microfilm; and
(4)
Do not store microfilm within 4 inches of the floor because storage under improper conditions of temperature and humidity drastically shortens the useful life of microfilm;
(5)
Recommended standards for temperature and humidity for the storage of microfilm are as follows:
(a)
Short-term (under 10 years) storage temperature may not exceed 75°F and relative humidity may not exceed 60 percent, and
(b)
Permanent or archival storage temperature may not exceed 70°F and relative humidity may not exceed 40 percent.
I.
Archival microfilm of records scheduled for permanent retention shall be transferred periodically to the Archives. This microfilm shall be the silver-gelatin master negative.

Regulation .05 Agency Responsibility.Copy Citation

A.
When paper records are to be microfilmed, and the microfilm is scheduled for permanent retention, the paper records may not be destroyed until the microfilming of those records and the subsequent processing and inspection of the film has been completed in compliance with the standards in Regulation .04G and H of this chapter, nor until the State Archivist has approved the destruction of those records. Permission to destroy record material shall be obtained by filing a Proposal and Certificate of Records Destruction (form DGS-550-9) with the Archives. This permission shall be received before any records destruction can take place.
B.
It is the policy of the Division not to store paper records in the State Records Center after those records have been microfilmed. The State Records Center will hold the paper records until the microfilm has been inspected by agency personnel. Once the quality of the microfilm has been assured, the paper records shall be returned to the agency of record or disposed of in accordance with State Government Article, §10-642, Annotated Code of Maryland.
C.
The head of each agency shall ensure that the standards in this chapter are made a part of any contract for microfilming services into which an agency may enter.