In this subtitle, the following terms have the meanings indicated. Terms Defined. "Authority" means the Maryland Stadium Authority, an independent unit of the Executive Branch of State Government. Authority Facility. "Authority facility" means: The Camden Yards Sports Complex, including Oriole Park at Camden Yards and the Ravens' Stadium; Offices, restaurants, stores, museums, parking facilities, and other facilities located on the Camden Yards Sports Complex; and Facilities located on other Authority property. "Authority facility" includes the grounds and walkways surrounding the facilities listed in §B(2)(a) of this regulation and adjacent parking lots or garages owned or controlled by the Authority. “Camden Station” means the building known as Camden Station located within the Camden Yards Sports Complex, but does not include the grounds and walkways surrounding it. “Demonstration” means a person or gathering of persons at an Authority facility for the purpose of expressing an opinion to observers through use of their speech, signs, or express conduct, excluding any expression or conduct prohibited under COMAR 14.25.02. “Director of Facilities Management” means the director of a particular Authority facility. “Director of Security Management” means the director of security management for the Authority. “Distribution of literature” means the distribution of flyers, leaflets, brochures, pamphlets, books, or any other printed or written material. “Emergency” means, as reasonably determined by the Authority or by authorized police or fire officials, an actual or imminent fire, flood, riot, weather, outages of power or public services, terrorism, public disturbance, or other catastrophe that will or is likely to: Endanger the health, safety, or welfare of persons at an Authority facility; Threaten the destruction, loss, or damage to public or private property located at an Authority facility; or Disturb the normal and peaceful conduct of business, sports, or other activities at an Authority facility. “Eutaw Way” means the pedestrian area known as Eutaw Way between the playing field and seating bowl of Oriole Park at Camden Yards to the west, the Warehouse to the east, Gate A of Oriole Park to the south, and Gate H of Oriole Park to the north. “Event” means any game, concert, ceremony, banquet, party, or other activity or event at an Authority facility. “Executive Director” means the Executive Director of the Authority. “Free speech activities” include a demonstration, distribution of literature, collection of petition signatures, and other activities protected by the First and Fourteenth Amendments to the Constitution of the United States and Articles 10, 13, and 40 of the Declaration of Rights within the Maryland Constitution, provided, however, that such activities do not include any activity prohibited under COMAR 14.25.02. “Performing Arts Center” means the France-Merrick Performing Arts Center, including the Hippodrome Theatre at the France-Merrick Performing Arts Center. “Plazas” means and includes the plazas surrounding Oriole Park at Camden Yards and the Ravens’ Stadium, including the breezeway underneath the Warehouse, but does not include the sidewalks directly adjacent to public streets. “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco. “Spine” means the pedestrian walkway that provides a connection between Lee Street at its north end and Hamburg Street at its south end and which lies between the parking lots that are designated as Lot B and Lot C. “Stadium structures” means and includes the facades, fences, and admission gates that comprise the outer perimeter of the baseball stadium and the football stadium at the Camden Yards Sports Complex. “Tailgating” means the preparing, cooking, serving, or consuming of food or beverages before, during, or after an event on an Authority-owned or operated parking lot or open space. “Warehouse” means the building known as the Warehouse at Camden Yards within the Camden Yards Sports Complex, but does not include the grounds and walkways surrounding it or the open breezeway underneath it. “Working days” means Monday through Friday excepting all legal holidays and all other days on which the Executive Branch of State Government is generally closed. Economic Development Article, §§10-604, 10-613(a)(4) and (10), and 10-616(b); Financial Institutions Article, §13-708; Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) Regulation .01 amended effective July 27, 1998 (25:15 Md. R. 1194) Regulation .01B amended effective March 4, 2013 (40:4 Md. R. 347); January 5, 2015 (41:26 Md. R. 1570) The following conduct is prohibited at any Authority facility: The use of language meant to incite immediate violence or an immediate breach of the peace; The description or depiction of erotic or pornographic images or conduct; or Lewd or indecent exposure. An individual at an Authority facility may not: Willfully act in a disorderly manner that disturbs the peace of others; Engage in, instigate, or encourage the continuation or escalation of a fight or other physical violence; or In any way endanger the life, person, property, health, or safety of others by words, actions, or attempts made directly or by aiding or abetting others to do so. Commercial activity at an Authority facility, including the display of commercial advertising, and the sale of food, beverages, novelties, or tickets, is prohibited, except when conducted by Authority tenants and their employees, licensees, agents, and assignees who have received authorization by the Authority within their leased or assigned areas, or as otherwise authorized by the Authority. This includes the distribution of flyers containing commercial advertising. Flyers may not be placed on vehicles situated on parking lots or garages owned or controlled by the Authority. Solicitation for the immediate receipt of money or contributions, commercial solicitation, and the collection of private debts at an Authority facility is prohibited. This prohibition does not apply to tenants or their employees, licensees, agents, delegates, and assignees who have received authorization by the Authority within their leased or assigned areas, or as otherwise authorized by the Authority. Conduct which obstructs sidewalks, walkways, entrances, corridors, stairways, or parking lots, or which otherwise obstructs or hinders normal pedestrian or vehicular traffic and business, is prohibited. In general, a single person engaged in free speech activities does not impermissibly obstruct a sidewalk, unless that person intentionally moves to obstruct or hinder pedestrians or vehicles attempting to pass by such person. Sidewalks and other walkways located on Authority property are for use by pedestrian traffic only, and the use of bicycles, roller skates, roller blades, skateboards, motorcycles, or any other form of transportation (other than a wheelchair or other transportation reasonably necessary for a person’s mobility) on those sidewalks is prohibited at all times. On event dates, the use of bicycles, roller skates, roller blades, and skateboards is prohibited on parking lots owned or controlled by the Authority. Tailgating may only take place at: Those times specifically authorized by the Authority during, before, or after events at Authority facilities, with the approval of the Baltimore Orioles, the Baltimore Ravens, or other team or licensee of the Authority facility where an event is being held; and Locations designated by the Authority within the parking lots owned or controlled by the Authority. The possession, carrying, or transporting, either openly with the intent to injure a person in an unlawful manner, or concealed, or the use or discharge of, a weapon at an Authority facility is prohibited, including those weapons described in Criminal Law Article, §§4-101 and 4-201, Annotated Code of Maryland, except for official purposes and by authorized personnel. An individual carrying a weapon shall notify the Director of Security for the Authority before entering an Authority facility. The possession, use, or distribution of a controlled or dangerous substance, or prescription drugs, except those prescribed by a physician and permitted by law, is prohibited. An individual may not: Disobey an order of a police officer acting within the scope of the officer's employment; Disobey, disregard, or fail to comply with any rule or regulation, warning, prohibition, instruction, or direction, whether posted or displayed by sign, notice, bulletin, card, or poster, or when notified or informed as to its existence by a police officer; or Enter or leave an Authority facility, including any parking lot or garage owned or operated by the Authority, at points not designated as proper entrances or exits. The possession, in an open container, or the drinking of any alcoholic beverage at an Authority facility is prohibited, except for the following: Alcoholic beverages consumed by tenants and their employees, licensees, agents, and assignees within their leased areas who have received authorization by the Authority; Alcoholic beverages sold by the Authority's designated concessionaire or the tenants' designated concessionaire in accordance with their lease; and Alcoholic beverages consumed on parking lots owned or controlled by the Authority on those dates and times and at those locations designated by the Authority for tailgating. An individual intoxicated by alcoholic beverages or controlled dangerous substances and endangering the safety of that individual or other individuals or property, or disturbing tenants, patrons, or the normal course of Authority business, is not permitted at an Authority facility, and that individual may not operate a vehicle on Authority property. Except as otherwise specifically permitted by this regulation, a person may not bring any animal onto or into an Authority facility. As used in this regulation, the term “service animal” means and includes: A service animal as defined under the Americans with Disabilities Act of 1990 and regulations promulgated thereunder; Pursuant to 28 CFR §35.136(i), a miniature horse used by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, is housebroken, and is under the sufficient control of its handler; A service animal as defined in Human Services Article, §7-701, Annotated Code of Maryland, and regulations promulgated thereunder. Service Animals. Individuals with disabilities and the parents of a minor child with a disability are permitted to bring a service animal onto or into an Authority facility. Service animal trainers, as defined in Human Services Article, §7-701, Annotated Code of Maryland, and regulations promulgated thereunder, are permitted to bring an animal being trained or raised as a service animal onto or into an Authority facility, provided, however, that an animal being trained as a service animal and accompanied by a service animal trainer may be excluded from an Authority facility if admitting the animal would create a clear danger of a disturbance or physical harm to any individual at the Authority facility. No person hosting an event at an Authority facility may require the purchase of a separate ticket or charge any additional amount for the admission of a service animal or an animal being trained or raised as a service animal. An individual with a disability or a parent of a minor child with a disability who is accompanied by a service animal may be liable for any damages to the Authority facility caused by the service animal to the extent permitted under Human Services Article, §7-705, Annotated Code of Maryland. The service animal trainer organization that certifies the service animal may be liable for any personal injuries or damages to the premises or facilities caused by the service animal to the extent permitted under Human Services Article, §7-705, Annotated Code of Maryland. Nothing in this regulation shall be construed as requiring the Authority to make any physical modification to an Authority facility in order to admit a person accompanied by a service animal or animal being trained or raised as a service animal. Animals used for governmental security and law enforcement purposes shall be permitted onto and into an Authority facility. Other animals may be brought onto or into an Authority facility if specifically authorized by the Executive Director, the Director of Security Management, or the Director of Facilities Management for such Authority facility. Use of an Authority facility for sleeping or other purposes instead of one's home, a hotel, motel, or other public facility is prohibited. Bicycles are parked on Authority property at the owner's risk. Bicycles shall be parked in designated bicycle parking areas. Bicycle racks are provided. Bicycles chained to any pole or fixed structure other than a bicycle rack or left unattended at a location other than the designated bicycle racks may be removed by the Authority at the owner’s risk. The Authority may treat any bicycle left chained to any pole or fixed structure other than a bicycle rack or left unattended at a location other than the designated bicycle racks as suspicious and may remove, dispose of, or destroy any such bicycle without liability to the owner thereof. Open fires of any kind are not permitted on Authority property, except for fires contained in a customary cooking device on those dates and times and at those locations designated by the Authority for tailgating. Authority property is subject to Criminal Law Article, §6-409, Annotated Code of Maryland. An individual refusing or failing to leave Authority property upon proper request to do so by an authorized agent of the Authority is guilty of a misdemeanor, and upon conviction may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. An individual may not climb, cut, injure, mutilate, set fire to, deface, displace, remove, or destroy any wall, fence, shelter, seat, statue, or other structure at any Authority facility. An individual may not cut, destroy, break, prune, set fire to, mutilate, injure, disturb, sever from the ground, or remove any growing thing, including any plant, flower, flower bed, shrub, tree, grass, or any branch, stem, fruit, or leaf. An individual who injures Authority property in any manner whatsoever is: Responsible for the injury or damage; and Liable for the cost to have the property restored to its original condition. Except for the Authority, its tenants, and licensees, an individual may not throw, cast, catch, kick, play with, or strike any game ball whatsoever or engage in any sport, game, or competition at any Authority facility or on parking lots owned or controlled by the Authority. This regulation is in addition to, and not in lieu of, Regulation .15 of this chapter. In accordance with Criminal Law Article §6-402, Annotated Code of Maryland, at locations which are reasonably visible to persons within the Stadium Structures, the Authority shall place signs that conspicuously prohibit trespass upon the playing field of such Authority facility. Except for the Authority, its authorized tenants, and the Authority’s and such tenants’ licensees, an individual may not trespass upon the playing field at any Authority facility at any time. In accordance with Criminal Law Article, §6-402, Annotated Code of Maryland, a person who violates this regulation is guilty of a misdemeanor and on conviction is subject to: For a first violation, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; For a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and For each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. An individual may not loiter, project objects onto the playing field or seating area, or act in such a manner as to interfere with the players of athletic events or contests in any Authority facility. Smoking is prohibited by any person located in any of the following areas: In any spaces within the Stadium structures, whether such spaces are covered or uncovered, walled or exposed, or open or closed to public access; and Within 25 feet of any entry, outdoor air intake, or operable window of the Stadium Structures at the Camden Yards Sports Complex. Economic Development Article, §§10-604, 10-613(a)(4) and (10), and 10-616(b); Financial Institutions Article, §13-708; Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) Chapter revised effective July 27, 1998 (25:15 Md. R. 1194) Regulation .01 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .04 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .08C amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .11 repealed and new Regulation .11 adopted effective January 5, 2015 (41:26 Md. R. 1570) Regulation .13B, C amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .15 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .18 amended effective January 5, 2015 (41:26 Md. R. 1570) Regulation .19 adopted effective March 4, 2013 (40:4 Md. R. 347) The regulations in this chapter regulate claims of right founded on federal and State law. These regulations do not themselves create, expressly or implied, any rights, privileges, or immunities of speech. The regulations in this chapter are necessary in order to: Ensure that those seeking to exercise their freedom of expression can communicate safely with visitors to Authority facilities; Preserve the aesthetic and recreational atmosphere of Authority facilities; and Ensure the safe, free, and orderly flow of pedestrians and vehicles at Authority facilities. Basic Rule. An individual desiring to engage in free speech activities at Authority facilities may do so in proper accordance with these regulations and if the activities do not: Constitute commercial activities; Constitute solicitation for the immediate receipt of money or contributions; or Result in interference with the safety of the public or the operation of Authority facilities, disrupt events at an Authority facility, or impede the flow of either vehicular or pedestrian traffic. In general, a single person engaged in free speech activities does not impermissibly obstruct a sidewalk, unless that person intentionally moves to obstruct or hinder pedestrians or vehicles attempting to pass by such person. Except as otherwise provided in this regulation, the use of musical or other noise-producing instruments, microphones or comparable voice-projecting devices are prohibited at an Authority facility. Subject to applicable noise-control ordinances, a person within the Camden Yards Sports Complex may use a battery-operated handheld megaphone if and when the person is located on a public sidewalk south of Lee Street and north of Hamburg Street (which does not include the Spine). Except for the Authority, its authorized tenants, and such tenants’ licensees, no person or persons may place or erect any table, display (other than hand-carried signs and placards otherwise permitted), or other stationary object at any location within an Authority facility (including the Plazas and sidewalks). Any person who places or erects a table, display, or other stationary object on Authority property and fails or refuses to remove it upon proper request to do so by an authorized agent of the Authority shall be considered trespassing in violation of COMAR 14.25.02.15. The Authority may treat any table, display, or other stationary object left unattended at an Authority facility as suspicious and may remove, dispose of, or destroy it without liability to the owner thereof. An individual or group engaging in free speech activities may not engage in any activities prohibited under COMAR 14.25.02. All free speech activities shall be conducted in a peaceful and orderly manner. A person or group of persons participating in any free speech activities may not: Willfully impede or physically grasp at any other persons using or transiting the Authority facility or viewing the memorials in any of the Plazas; Attach any objects to any other person’s clothing without that person’s consent; Engage in aggressive solicitation (as defined by the Baltimore City Code) or unlawful harassment; Engage in disorderly conduct; Unless true, represent or imply that the person or group represents, is affiliated with, or is in any way endorsed by the State of Maryland, the Authority, the Baltimore Orioles, the Baltimore Ravens, or any other tenant of an Authority facility; Unreasonably disturb tenants or the public in the course of normal business activities, sporting events, entertainment events, or viewing any of the memorials on any of the Plazas. Any person, organization, or other legal entity engaging in any free speech activities at an Authority facility shall be responsible for any damages to any property directly caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to, reimbursement of all cleaning and repair costs incurred by the Authority. A person, organization, or other legal entity engaging in any free speech activities at an Authority facility may not leave unattended any pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, or any other materials. The Authority may treat any materials left unattended anywhere at an Authority facility as suspicious and may remove, dispose of, or destroy any such materials without any liability to the owner thereof. Any person, organization, or other legal entity engaging in any free speech activities at an Authority facility shall abide by the terms of this chapter, any permit issued pursuant to this chapter, and local, state, and federal law. Placards and Signs. A person at an Authority facility may not carry any placard or sign that: Has a height exceeding 36 inches or a width exceeding 24 inches; Uses words or images meant to incite immediate violence or an immediate breach of the peace; Uses words or images that describe or depict any erotic or pornographic conduct. Only hand-carried signs and placards are permitted at an Authority facility. No sign or placard may be appended to, hung on, or rested upon any walkway, structure, or other part of an Authority facility. No sign or placard may be placed on or attached to any post or pole in any part of an Authority facility. No part of Camden Station, the Warehouse, any Stadium Structure, the Performing Arts Center, or any parking lot or garage owned or operated by the Authority is a public forum. Eutaw Way is part of the Stadium Structure of Oriole Park at Camden Yards whenever a ticket is required for public access thereto, whenever Gate A and Gate H are closed, or whenever Eutaw Way is otherwise closed to the general public. Eutaw Way shall be considered a Plaza when open to the general public. The Spine may not be considered a public forum during any parking lot event or during any event taking place on the Spine itself. At all other times, the Spine shall be considered a Plaza. Plazas and sidewalks shall be available for free speech activities in accordance with the regulations in this chapter, but subject to the prohibitions in COMAR 14.25.02. Regardless of whether a permit is required under Regulation .04 of this chapter, the Director of Security Management may require that all free speech activities on any Plaza be limited to areas other than those reasonably designated for ingress, egress, and queuing for ingress, egress, or tickets to a Stadium structure, Camden Station, or the Warehouse. A group of ten or more persons desiring to engage in free speech activities on one or more of the Plazas shall first obtain a written permit from the Authority for the proposed activity. Permits shall be issued on a first-come, first-served basis. The Authority may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, the Authority may waive the fee based upon the ability of the applicant to pay the fee. Permitting Procedures. To obtain a permit, an applicant shall submit a written application to the Authority at least 3 working days before the date requested; provided, however, that if the request arises in response to an event announced less than 5 working days in advance thereof, the written application may be submitted 1 working day prior thereto. The application shall be on a form provided by the Authority. The form shall designate the location where it may be filed in person. The form may also designate alternative methods by which the application may be filed, such as a mailing address, facsimile number, email address, or website. The application for the permit shall include: The full name, mailing address, telephone number, and, if available, email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative; The full name, mailing address, telephone number, and, if available, email address of the person who will supervise and be responsible for the conduct of the proposed activities; The date and times of the proposed activity; A brief description of the proposed activity, including the method of communication (such as demonstration, distribution of literature, collection of petition signatures, or other activity); The number of persons expected to participate; and The signature of the applicant. The Director of Security Management shall review each application promptly. If the application is incomplete, the Director of Security Management shall make reasonable efforts to inform the applicant. If the application is complete, the Director of Security Management shall forward a copy thereof to the applicable Director of Facilities Management for review and comment. The Director of Security Management shall issue the permit unless the Director of Security Management specifically finds that: The information contained in the permit application is incomplete or contains a material misrepresentation; The proposed activity would substantially interfere with a scheduled event or another free speech activity for which a permit was previously issued; An emergency exists; The proposed activity would materially interfere with vehicular or pedestrian traffic, including viewing of any memorial on the Plazas; The proposed activity would materially interfere with the normal business activities of the Authority or the Authority’s tenants; The proposed activity, on its face, would violate any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or The proposed activity reasonably appears to present a clear and present danger to the public safety, health, welfare, or good order. The Director of Security Management may revoke a permit at any time if: The actual activity materially differs from the activity proposed in the application and a permit for the actual activity could have been denied; The activities or conduct of the permitted person or of the permitted group or any individual member of the group presents a clear and present danger to the public health, welfare, or public safety; The activities or conduct of the permitted person or of the permitted group or any individual member of the group violates any applicable law or regulation; or An emergency arises. Appeal of Permit Decisions. Any person whose permit request is denied, whether in full or in part, or revoked may appeal the decision to the Executive Director by delivering a written appeal within 5 working days after the decision by the Director of Security Management. The appeal shall state the reasons why the appellant believes the denial or revocation of the permit was in error. The appeal shall also state a mailing address for the appellant and, if the appellant desires service thereby, a facsimile number, email address, or both. The Executive Director shall review the initial permit decision or revocation in light of the written appeal. Within 7 working days after receipt of such appeal, the Executive Director shall issue a written decision either affirming the denial or revocation or granting the permit as requested. The Executive Director’s decision shall be sent via certified mail to the appellant at the address provided in the appeal, with a copy by fax, email, or both, if provided, and shall be effective upon such service. The Executive Director’s decision shall constitute a final decision of the Authority and may be appealed to an appropriate court as provided by law. Picketing and demonstrations anywhere on Authority property shall be authorized by the Executive Director in advance. Those picketing or demonstrating: May do so only in areas specified by the Executive Director; Shall conduct themselves in a peaceful and orderly manner; and May not obstruct the use of Authority facilities by others or interfere with the normal course of Authority business. Those under the influence of alcohol or drugs may not picket or demonstrate. The Director of Facilities Management shall approve signs in advance of a specified picket date. Only hand-carried signs are permitted. Economic Development Article, §§10-604, 10-613(a)(4) and (10), and 10-616(b);Financial Institutions Article, §13-708; Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) Chapter revised effective January 5, 2015 (41:26 Md. R. 1570) Unrestricted public parking is not permitted on Authority property. Parking on Authority property is permitted only in designated parking areas and at designated times. Parking shall be controlled and supervised, and fees shall be collected by the Authority's parking operator. Permits issued by the Authority, its parking operator, or other authorized entity are valid only at the times and in the locations indicated. A permit or payment of fees does not authorize overnight storage of vehicles. Overnight storage may be permitted with the authorization of the Authority. Vehicles parked in a manner inconsistent with these regulations are subject to towing at the owner's risk and expense. Financial Institutions Article, §13-708, Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) The general public is invited to attend and observe an open session of the Authority. A member of the public attending an open session may not participate in the session, except when: The Authority expressly invites public testimony, questions, comments, or other forms of public participation; or Public participation is otherwise authorized by law. An individual attending an open session of the Authority may not engage in any conduct, including visual demonstrations such as waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session. Restoring Order. The presiding officer may: Order an individual who persists in conduct prohibited by §A of this regulation, or who has violated any other regulation concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order; and Recess the session while order is restored. A member of the public, including a representative of the news media, may: Record discussions of the Authority at an open session using a tape recorder or other recording device if the device does not create an excessive noise that disturbs members of the Authority or other individuals attending the session; and Photograph or videotape the proceedings of the Authority at an open session, using any type of camera, if the camera is operated without excessively bright artificial light or excessive noise that disturbs members of the Authority or other individuals attending the session. A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment is operated without excessively bright artificial light or excessive noise that disturbs members of the Authority or other individuals attending the session. The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or television equipment if the restriction is necessary to maintain the orderly conduct of the session. A recording of an open session made by a member of the public, or a transcript derived from this recording, is not a part of the record of a proceeding of the Authority. Financial Institutions Article, §13-708, Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, which are maintained by the Maryland Stadium Authority. These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with State Government Article, §§10-611—10-628, Annotated Code of Maryland, the statute controls. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual or governmental unit that requests the inspection and reproduction of a public record. “Custodian” means the official custodian who is an officer or employee of the Authority and who is responsible for keeping the public record. “Public record” means the original or a copy of any documentary material that is made by the Authority or received in connection with the transaction of public business, and is in any form, including: A card; A computerized record; Correspondence; A drawing; Film or microfilm; A form; A map; A photograph or photostat; A recording; or A tape. An applicant may request to inspect or copy public records of the Authority. An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian in the custodian's discretion. A written request shall: Contain an applicant's name, address, and phone number; Be signed by the applicant; and Identify with reasonable specificity the public record requested. A written request shall be addressed to the custodian of the record by using the custodian's name or title. If the custodian is unknown to the applicant, the request may be addressed to the Executive Director of the Authority, and shall include as much identifying information about the request as possible. If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request, subject to the requester's payment of any fees required by Regulation .11 of this chapter. If the custodian denies the written request, the custodian shall do so within 30 days of receipt of the written request. The custodian shall immediately notify the applicant of the denial, and within 10 working days of the denial provide the applicant with a written statement that gives: The reasons for the denial; The legal authority for the denial; and Notice of the remedies available under State Government Article, §§10-611—10-628, Annotated Code of Maryland, for review of denial. If a requested public record is not in the custody or control of the individual to whom written application is made, the individual shall notify the applicant within 10 working days of the receipt. If the individual knows the name of the custodian of the record or the location or the possible location of the record, this information shall also be given to the applicant. With the consent of the applicant, any time imposed by the regulations may be extended. The custodian shall deny inspection of a public record as required under State or federal law, the rules adopted by the Court of Appeals, or an order of a court of record. The custodian may deny inspection of a public record as permitted under State or federal law. If a requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying. If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of 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 request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request. Hearing Procedures. If an applicant requests a hearing, the hearing shall be conducted by the Executive Director or a designee. A hearing is governed by State Government Article, §§10-201—10-217, Annotated Code of Maryland, and COMAR 08.01.04. After a hearing, the designee shall prepare a decision for the Executive Director. The Executive Director shall issue the final decision of the Authority within 30 days of the receipt of the recommended decision. If a hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in circuit court under State Government Article, §10-623, Annotated Code of Maryland. If an applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland. The applicant need not exhaust the administrative remedy in §A of this regulation before filing suit. If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, §§10-611—10-628, Annotated Code of Maryland, would cause substantial injury to the public interest, the custodian may temporarily deny the request, and within 10 working days of the denial, petition the appropriate circuit court for an order permitting continued denial or restriction of access. The Authority shall serve a copy of the petition on the applicant as provided for service of process by Courts and Judicial Proceedings Article, §6-301, Annotated Code of Maryland. Fee Schedule for Certifying and Copying a Record. Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Authority's offices. If the public records are not susceptible to photocopying, for example, punch cards, magnetic tapes, drawings, maps, blueprints, microfilm, slides, or photographs, the fee for the copies is based on the actual cost of reproduction, as determined by the custodian. Documents More Than 25 Pages. If the public record requested to be reproduced is more than 25 pages, the custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee. Certification of Copies. If an applicant requests that a copy of a public record be certified as a true copy, the custodian shall charge an additional fee of $1 per record. Computer Printouts. If the Authority is required to provide a computer printout, the charge for the printout includes: The computer and peripheral equipment usage; Programming; and Material costs. Search Fees. Except as provided in §A(5)(b) of this regulation, the custodian may charge reasonable fees for the search and preparation of public records for inspection and copying, in addition to the cost for reproduction. The custodian may not charge search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information. If the fees for copies, printouts, photographs, or certified copies of a public record are specifically prescribed by a law other than State Government Article, §§10-601—10-628, Annotated Code of Maryland, or this chapter, the prescribed fee shall be charged by the custodian. If the custodian is unable to copy a public record on a photocopying machine within the Authority's offices, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Authority. The custodian shall either collect from the applicant the 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 reproducing a public record, the custodian shall estimate the cost of reproduction, including any search fee, and either: Obtain the written agreement of the applicant that the cost shall be paid; or Request prepayment of the estimated fee before reproducing the record. If an applicant requests that copies be mailed or delivered to the applicant, the cost of postage or delivery shall be charged to the applicant. The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the: Item requested is promotional in nature or is routinely distributed to the public; Reproduction costs will be nominal; or Applicant has demonstrated to the Authority that it is unable to pay for the costs of reproduction. The decision of the custodian to waive or reduce a fee is within the sole discretion of the custodian, and the decision is final. Financial Institutions Article, §13-708; State Government Article, §10-613; Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642) New, amended, or repealed regulations shall be proposed and adopted on a regular or emergency basis, as prescribed by the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. After providing notice, the Authority shall afford interested persons an opportunity to submit written data, views, or argument. If the Authority determines a hearing would be desirable with reference to a proposed regulation, it may afford interested parties the opportunity to submit evidence, subject to cross-examination by other interested parties and the Authority, and to make oral argument. Who May File. Any interested person may file with the Authority a petition requesting the promulgation, amendment, or repeal of any regulation. Form. A petition shall be in writing and shall contain the: Name, address, and telephone number of the petitioner; and Proposed regulation changes and a brief statement of reasons for the changes. Submission, Consideration, and Disposition. A petition shall be filed with the Authority for its consideration and disposition. The Authority shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation, a notice of filing indicating the date of receipt of the petition. Within 60 days of the date of receipt, the Authority shall either deny the petition in writing and state the reasons for its denial, or institute appropriate regulations promulgation procedures in accordance with the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, and notify the petitioner in writing of this action. Who May File. Any interested person may file with the Authority a petition for a declaratory ruling with respect to the applicability of the statutes or any regulation pertaining to the statutes to any person, property, or state of facts. Form. A petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the statutes and shall pose the question of whether or in what manner the stated regulation or the statute applies to the facts contained in the petition. The petition shall also contain the name, address, and the telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief. Submission, Consideration, and Disposition. A petition shall be filed with the Authority for its consideration and disposition. The Authority shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Authority shall consider the petition and may issue the declaratory ruling requested. The Authority shall notify the petitioner in writing within 60 days of the date of receipt of the petition of whatever action it decides to take, and shall state the reasons for its decision. Financial Institutions Article, §13-708; State Government Article, §§10-123 and 10-304; Annotated Code of Maryland Effective date: April 12, 1993 (20:7 Md. R. 642)