These regulations describe policies, procedures, and authorizations for the operations of the Maryland Food Center Authority. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Act” means the Maryland Food Center Authority Act, Article 41, §§13-101—13-121, Annotated Code of Maryland. "Authority" means the Maryland Food Center Authority. “Board of Directors” means the members of the Authority as described in Article 41, §13-103(b), Annotated Code of Maryland. “Executive Director” means the Executive Director of the Maryland Food Center Authority as appointed by the Board of Directors. “Project” means the market, the park, and other food or agriculturally related real estate developments undertaken by the Authority to further the Authority's purposes, including any ancillary or appurtenant facilities. Article 41, §§ 13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) These regulations set out the procedures for filing requests with the Maryland Food Center Authority for the inspection or copying of records under State Government Article, § 10-611--10-630, Annotated Code of Maryland. Terms appearing in the Public Information Act shall have the meanings defined there and, in addition, the meaning used in these regulations. Terms Defined. “Applicant” means a person or agency requesting disclosure of public records. “Custodian” or “official custodian” means the Executive Director of the Authority, who is responsible for the maintenance, care, and keeping of public records of the Authority. “Public Information Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland. Public Records. “Public records” means any paper, correspondence, form, book, photograph, photostat, film, microfilm, computerized record, sound recording, map, drawing, or other written document regardless of physical form or characteristics. “Public records” includes all copies that have been made by the Authority or received by the Authority in connection with the transaction of public business and includes the salaries of all employees of the Authority. “Working day”, for purposes of this chapter, means each day between the hours of 9 a.m. and 4 p.m. except Saturdays, Sundays, and holidays. A person may request to inspect or copy any public record that is in the custody and control of the Authority and which, under the provisions of the Public Information Act, the Authority is required to make available to the public. Requests for public records shall: Be made in writing; Be addressed to the official custodian; Contain the applicant's name and address; and Reasonably identify by brief description the specific record sought. If the custodian decides to grant a written request for inspection, the custodian shall produce the record, or a copy, for inspection within a reasonable time not to exceed 30 days from the date of receipt of the request. If the custodian decides to deny the request, the custodian shall do so within 30 days of receipt of the written request and, immediately upon deciding to deny the request, shall notify the applicant of the denial. Any reasonably severable portion of a record shall be provided after deletion of those portions which may be withheld from disclosure. Within 10 working days of the denial, the custodian shall give the applicant a written statement that gives the reasons and legal authority for the denial and contains a notice of the remedies for review of the denial. If a requested public record is not in the custody or control of the person to whom the written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant. If the 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 of this regulation may be extended for an additional period not to exceed 30 days. The custodian, unless prohibited by law, may notify an individual who could be adversely affected by: A disclosure of a record to the applicant who has made a request for inspection; or The copying of a record. In cases of permissive disclosure, the custodian may consider the views of the person before deciding whether to disclose the record to the public. If the written request is denied by the custodian, the applicant may, within 30 days after receipt of denial, request an administrative hearing on the denial. If a hearing is requested by the applicant the hearing shall be conducted by a hearing officer designated by the Executive Director. After the hearing the hearing officer shall prepare a recommended decision which shall be submitted to the Executive Director. If the administrative 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. The applicant may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy of §A of this regulation. If, in the opinion of the Executive Director, disclosure of any public record which is otherwise required to be disclosed under the Public Information Act will do substantial injury to the public interest, the Executive Director 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 the Executive Director to continue to deny or restrict disclosure. Notice of the application filed with the circuit court shall be served upon the applicant in the same manner provided for service of process by the Maryland Rules of Procedure. The Authority may charge reasonable fees as determined from time to time. As of July 1, 1991 fees to be charged under this chapter are in accordance with the following fee schedule: Copies. The fee for each copy is 15 cents per page when reproduction can be made by a photocopying machine within the Authority. When records are not amenable to photocopying (for example, punch cards, magnetic tapes, large documents, and microfilm), the fee for reproducing the record may be based on the actual cost of reproduction. Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, an additional cost of $1 per page shall be charged. Searching or Record Preparation. There will be a $10 per hour charge for every hour or part of it over 2 hours needed to search for and prepare a public record. Exception to Fee. A charge may not be made when the amount of the fee is $10 or less. Notwithstanding §A of this regulation, if any fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by law other than the Public Information Act or this regulation the specific fee contained in that law shall determine the amount charged for that record. If the custodian is unable to copy a record within the Authority, the custodian shall make arrangements for the reproduction of the record at public or private facilities outside the Authority. The custodian shall either collect from the applicant a fee which is sufficient to pay 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 custodian shall estimate the cost of copying and obtain the agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying a record. If prepayment is required, the time limitations contained elsewhere in these regulations may not commence until the payment is made. Upon request the custodian may waive or reduce any fee charged under this regulation if: The applicant asks for a waiver; and After consideration of the ability of the applicant to pay the fee and other relevant factors, the custodian determines that the waiver will be in the public interest. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. An applicant may inspect any public record which it has been determined that the applicant is entitled to inspect during any suitable working day. The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable. Article 41, §§13-101—13-121; State Government Article, §10-613; Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) These regulations are promulgated under State Government Article, § 10-101--10-129, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Maryland Food Center Authority for the adoption of regulations. Any interested person may file a petition with the Executive Director requesting the promulgation, amendment, or repeal of any regulation. The petition shall be in writing and shall contain: A clear, concise statement of the regulation, amendment, or repeal which is sought; Reasons in support of the proposed regulation change; References to the authority of the Authority to take the action which is requested; and The name, address, and telephone number of the petitioner. The petition shall be filed with the Executive Director for the Executive Director's consideration and disposition. The time period for response to a petition begins when the petition is received by the Executive Director. Within 60 days after receipt of the petition, the Executive Director shall either deny the petition in writing, stating the reasons for the denial, or initiate the procedures for adoption of the regulation as submitted or with appropriate modifications as determined by the Executive Director to be in the best interest of the Authority. The Authority shall maintain a file of petitions submitted and the responses which shall be available for public inspection to the extent permitted by law. Article 41, §§13-101—13-121; State Government Article, §10-23; Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) These regulations are promulgated under State Government Article, Title 10, Subtitle 3, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Maryland Food Center Authority for a declaratory ruling. An interested person may file a petition for declaratory ruling with respect to the manner in which the Authority will apply a regulation or order of the Authority, or a statute that the Authority enforces, to a person or property on the facts set forth in the petition. A petitioner shall file a petition within 30 days of notice from the Authority of the manner in which the Authority intends to apply a regulation, order, or statute. A petition shall be filed with the Executive Director for consideration and disposition by the Authority, or by the Executive Director if the duty is delegated by the Authority to the Executive Director. A petition for a declaratory ruling shall be in writing and shall: Contain a detailed statement of the facts on which the petition is based; Cite all regulations and statutes involved; Evaluate whether and in what manner the relevant regulations apply to the petition under the facts contained in the petition; Contain the name, address, and telephone number of the petitioner; and Contain a statement by the petitioner, under oath, that the facts contained in the petition are true. The Executive Director has the duty to consider and dispose of petitions received with respect to: Waivers made by managers of Authority project operations; Implementation of agreements and arrangements that have been approved or authorized by the Board of Directors; and Implementation of contracts for goods and services that are within a budget that has been approved by the Board of Directors. The Board of Directors may delegate to the Executive Director the duty to consider and dispose of other particular petitions or categories of petitions for declaratory rulings. Petitions respecting matters under §§A and B of this regulation that are received by the Executive Director in accordance with Regulation .03 of this chapter shall be acknowledged by the Executive Director within 30 days. The Executive Director: May require a presentation on the petition and additional submissions, consultations, or reports in the discretion of the Executive Director; and Shall issue a declaratory ruling within 45 days of receipt of final submissions, if any, requested under §C(1) of this regulation. Consideration by the Board of Directors. Petitions respecting matters not delegated to the Executive Director shall be referred to the Board of Directors. Petitions received in accordance with Regulation .03 of this chapter shall be presented to the Board of Directors at the first meeting that is scheduled to take place at least 45 days after receipt of the petition. The Board of Directors may require a presentation on the petition, and additional submissions, consultations, or reports, in its discretion. A declaratory ruling issued by the Authority, or by the Executive Director if so delegated, is binding upon the Authority and the petitioner, on the facts set forth in the petition. Declaratory rulings issued shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be delivered to the petitioner. A declaratory ruling issued by the Executive Director may be appealed to the Board of Directors in writing within 10 days of the ruling, and shall be referred to the Board of Directors in accordance with Regulation .05D. A declaratory ruling by the Board of Directors may be appealed to a circuit court in accordance with State Government Article, §10-305, Annotated Code of Maryland. The Authority shall maintain a file of all petitions submitted and the declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law. Article 41, §§13-101—13-121; State Government Article, §10-304; Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may acquire real property and interests in real property for any of the Authority's corporate purposes on the terms and conditions that it considers appropriate. In this chapter, terms appearing in the Act shall have the meanings defined there. At the direction of the Board of Directors or on the Executive Director's own initiative the Executive Director may conduct preliminary negotiations or investigations relating to the acquisition of real property or interests in real property. In connection with negotiations and acquisitions, the Executive Director, after consultation with the Board of Directors or at the direction of the Board of Directors, may obtain appraisals, surveys, engineering and architectural studies, title insurance, and any other items and services the Executive Director considers appropriate under the circumstances. Upon approval of an acquisition as set forth in Regulation .05 of this chapter, the Executive Director shall have the power on behalf of the Authority to execute all documents and do all things necessary and convenient to accomplish the purposes of the approved transaction. The Executive Director is authorized to exercise remedies for default under agreements that have been approved in accordance with Regulation .05 of this chapter. Proposed construction of real estate development by the Authority shall be submitted for review to the Legislative Policy Committee of the General Assembly of Maryland and to the Maryland Department of Fiscal Services. A proposed acquisition of real property or interest in real property shall be submitted for approval to the Board of Directors. If approved by the Board of Directors, the proposed acquisition shall be submitted for approval to the State Board of Public Works. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may sell or lease real property and interests in real property. In this chapter, the following term has the meaning indicated. Term Defined. “Project” means the market, the park, and other food or agriculturally related real estate developments undertaken by the Authority to further the Authority's purposes, including any ancillary or appurtenant facilities. Sales. Real property or interest in real property may not be sold by the Authority unless the purchaser pays an amount at least equal to the full appraised value of the real property or interest in real property as determined by the Authority. Leases. Real property or interest in real property may not be leased by the Authority to any lessee unless the lessee pays an amount equal to the reasonable rental value of the real property or interest in real property as determined by the Authority. The Authority may require a potential tenant or purchaser of an interest in real property to provide the Authority with information relating to the potential tenant or purchaser's experience and financial stability, including but not limited to, audited financial statements, bank statements, and tax returns. If two or more potential tenants or purchasers seek a particular property which the Authority has available for sale or lease, the Authority may evaluate and determine, in its sole discretion, which transaction will be in the best interest of the Authority, taking into account such factors as: Which potential tenant or purchaser will afford the greatest opportunity for success; Which potential tenant or purchaser will have the greatest positive effect on a project of the Authority; The nature of the product or service the potential tenant or purchaser intends to provide; The economic return to the Authority; or Other matters the Authority considers relevant in carrying out its purposes. The Authority may adopt development plans which designate parcels of real property to be developed for particular uses, and may revise the plans from time to time. The Authority may restrict interests in real property that it conveys and may do all things necessary and convenient to carry out the powers expressly granted by the Act. The Authority may not be required to pay real estate commission costs, or any other similar brokerage fees in connection with its conveyance of real property or interests in real property. The Executive Director, in relation to the conveyance of interests in real property, may: Initiate or receive offers; Obtain and evaluate relevant information; Conduct negotiations; and Make recommendations to the Board of Directors. Upon approval of a sale or lease as set forth in Regulation .08 of this chapter, the Executive Director shall have the power to execute, on behalf of the Authority, all documents necessary or convenient relating to the approved transaction. The Executive Director is authorized to exercise remedies for default under agreements that have been approved in accordance with Regulation .08 of this chapter. A proposed sale or lease of real property shall be submitted for approval to the Board of Directors. If approved by the Board of Directors, it shall be submitted for approval to the State Board of Public Works. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may manage directly or may engage the services of others to manage project facilities. Terms appearing in the Act shall have the meanings defined there and, in addition, the meanings used in these regulations. Terms Defined. “Customer” means any purchaser of goods or services at the market, park, or other project. “Project” means the market, the park, and other food or agriculturally related real estate developments undertaken by the Authority to further the Authority's corporate purposes, including any ancillary facilities. “Supplier” means a wholesale distributor or other business which provides tenants with a commodity for resale. “Tenant” means any lessee of the Authority who operates a business in a market or other project facility. In accordance with the applicable laws and ordinances of the jurisdictions in which project facilities are located, the Authority may from time to time establish reasonable rules of operation for project facilities, giving reasonable notice of these rules, and posting them in a conspicuous location at the project facility. The rules may concern: Use of streets, driveways, docking slips, and parking areas; Hours and days of operation; Reasonable fee schedules which describe fees or charges to be paid by suppliers, customers, tenants, and other users of project facilities; Safety and welfare of persons and protection of property; and Other matters which pertain to the management of project operations. Sanctions. The rules established under this section may include reasonable sanctions. Sanctions may: Deny use of and access to project facilities; Impose fees or charges; and Impose other reasonable restrictions that the Authority may consider proper or necessary for the safe and efficient management of project operations. The Executive Director has primary responsibility for management of project operations. The Executive Director may: With the approval of the Board of Directors, engage the services of others to manage one or more project facilities, or to perform particular services; and Exercise remedies for default under agreements relating to the provision of goods or services to the Authority. The Executive Director may delegate to other employees of the Authority duties relating to: Personnel management; Procurement matters; On-site project management; and Such other duties as the Executive Director considers appropriate. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may appoint and dismiss officers, agents, and employees and fix their compensation. Employment by the Authority is not governed by Article 64A, Annotated Code of Maryland. The Executive Director shall make employment decisions in the best interest of the Authority and shall consider operational and budgetary requirements of the Authority in making the decisions. The Executive Director may adopt and may revise, from time to time, guidelines for the administration of personnel management. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may contract for goods and services. Except for Title 14, Subtitle 3, the provisions of the State Finance and Procurement Article, Division II, Annotated Code of Maryland, and regulations under the State Finance and Procurement Article, Division II, do not apply to the procurement procedures of the Authority. The Authority may elect, at its discretion, to incorporate into its bid documents and contract documents, provisions similar to those customarily found in State contracts under the State Finance and Procurement Article, Annotated Code of Maryland, for similar goods and services, or other provisions that the Authority considers to be in its best interests. Contracts by the Authority for construction of facilities of a project shall be made only after solicitation of sealed bids, except for construction on land that has been either leased or sold by the Authority to a private entity or entities. The Executive Director may, without further approval by the Board of Directors, contract for goods and services that are within a budget that has been approved by the Board of Directors. The Executive Director may exercise remedies for default relating to the agreements. The Executive Director shall designate a procurement officer for any procurement anticipated to cost $10,000 or more. The procurement officer may, in the best interests of the Authority: Waive any solicitation requirement; Amend or revise solicitation documents; or Reject any or all bids. The Executive Director shall designate an appeals officer for any procurement anticipated to cost $10,000 or more. Bidders shall submit in writing to the procurement officer any questions, comments, or objections regarding the solicitation documents within the time period stated in the solicitation documents. In the absence of any stated time period in the solicitation documents, written comments, questions, or objections shall be received by the procurement officer not later than 5 business days before the scheduled bid opening. In the absence of a stated time in the contract documents, contractors shall file a written notice of a claim with the procurement officer within 15 days after the basis for the claim is known or should have been known, whichever is earlier. Appeal from a decision of the procurement officer shall be submitted in writing to the appeals officer not later than 10 days after the decision of the procurement officer. Except for Regulation .02C of this chapter and except to the extent expressly required by the Act, procedures adopted under this chapter do not apply to procurement of goods or services in cases where a determination has been made by the Executive Director that urgent action is required. The Executive Director, in these cases, may authorize expeditious procurement of goods or services by such means as the Executive Director considers to be in the best interests of the Authority. The Authority may terminate contracts, in whole or in part, without showing cause upon giving written notice to the contractor. In these cases, the Authority shall pay reasonable costs associated with the contract that the contractor has incurred up to the date of termination. The contractor may not be reimbursed, however, for any anticipated profits which have not been earned up to the date of termination. The Authority may require performance bonds and payment bonds in such amounts, in such forms, and under such circumstances as the procurement officer may determine to be in the best interests of the Authority. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578) The Authority may waive any of the regulations set forth in this subtitle in a particular instance if: It has been determined that application of the regulation in a particular instance will be inequitable; and Waiver of the regulation will not be inconsistent with the Act. Article 41, §§13-101—13-121, Annotated Code of Maryland Effective date: March 16, 1992 (19:5 Md. R. 578)