Chapter 06. Public Information Act Requests
Regulation .01 Scope.LinkCopy Citation
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.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Applicant” means an individual or governmental unit that requests the inspection and reproduction of a public record.
(2)
“Custodian” means the official custodian who is an officer or employee of the Authority and who is responsible for keeping the public record.
(3)
“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)
A card;
(b)
A computerized record;
(c)
Correspondence;
(d)
A drawing;
(e)
Film or microfilm;
(f)
A form;
(g)
A map;
(h)
A photograph or photostat;
(i)
A recording; or
(j)
A tape.
Regulation .03 Request for Public Record.LinkCopy Citation
A.
An applicant may request to inspect or copy public records of the Authority.
B.
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.
Regulation .04 Contents of Request.LinkCopy Citation
A written request shall:
A.
Contain an applicant's name, address, and phone number;
B.
Be signed by the applicant; and
C.
Identify with reasonable specificity the public record requested.
Regulation .05 Filing a Request.LinkCopy Citation
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.
Regulation .06 Response to Request.LinkCopy Citation
A.
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.
B.
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:
(1)
The reasons for the denial;
(2)
The legal authority for the denial; and
(3)
Notice of the remedies available under State Government Article, §§10-611—10-628, Annotated Code of Maryland, for review of denial.
C.
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.
D.
With the consent of the applicant, any time imposed by the regulations may be extended.
E.
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.
F.
The custodian may deny inspection of a public record as permitted under State or federal law.
Regulation .07 Public Records Temporarily Unavailable.LinkCopy Citation
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.
Regulation .08 Public Records Destroyed or Lost.LinkCopy Citation
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.
Regulation .09 Review of Denial.LinkCopy Citation
A.
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.
B.
Hearing Procedures.
(1)
If an applicant requests a hearing, the hearing shall be conducted by the Executive Director or a designee.
(2)
A hearing is governed by State Government Article, §§10-201—10-217, Annotated Code of Maryland, and COMAR 08.01.04.
(3)
After a hearing, the designee shall prepare a decision for the Executive Director.
(4)
The Executive Director shall issue the final decision of the Authority within 30 days of the receipt of the recommended decision.
(5)
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.
C.
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.
Regulation .10 Disclosure Against Public Interest.LinkCopy Citation
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.
Regulation .11 Fees.LinkCopy Citation
A.
Fee Schedule for Certifying and Copying a Record.
(1)
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.
(2)
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.
(3)
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.
(4)
Computer Printouts. If the Authority is required to provide a computer printout, the charge for the printout includes:
(a)
The computer and peripheral equipment usage;
(b)
Programming; and
(c)
Material costs.
(5)
Search Fees.
(a)
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.
(b)
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.
B.
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.
C.
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.
D.
Before reproducing a public record, the custodian shall estimate the cost of reproduction, including any search fee, and either:
(1)
Obtain the written agreement of the applicant that the cost shall be paid; or
(2)
Request prepayment of the estimated fee before reproducing the record.
E.
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.
Regulation .12 Waiver or Reduction of Fees.LinkCopy Citation
A.
The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the:
(1)
Item requested is promotional in nature or is routinely distributed to the public;
(2)
Reproduction costs will be nominal; or
(3)
Applicant has demonstrated to the Authority that it is unable to pay for the costs of reproduction.
B.
The decision of the custodian to waive or reduce a fee is within the sole discretion of the custodian, and the decision is final.
Chapter annotations
Authority: Financial Institutions Article, §13-708; State Government Article, §10-613; Annotated Code of Maryland
History: Effective date: April 12, 1993 (20:7 Md. R. 642)