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)