Chapter 04. Public Information Act Requests

“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

“Director” means the Director of the Maryland Environmental Service or the Director's designee.

“Official custodian” means the Secretary of the Maryland Environmental Service or the Secretary's designee.

“Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

“Public Information Act” means General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

“Public Information Act Representative” means the person designated by the Service to receive Public Information Act requests and is named on the Service’s website.

“Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.

“Service” means the Maryland Environmental Service.

“Working day” means each day between the hours of 9 a.m. and 4 p.m. except Saturdays, Sundays, and holidays.

Be made in writing;

Be addressed to the Public Information Act Representative or Official Custodian;

Contain the applicant's name, address, and phone number; and

Reasonably identify by brief description the specific public record sought.

The Service may charge reasonable fees for services provided under this chapter, as determined from time to time by a resolution of the Service's Board of Directors. As of April 1, 1996, the fees to be charged under this chapter are listed in this section.

Copies. The fee for each copy is 25 cents per page for every page in excess of 25 pages if reproduction can be made by a photocopying machine within the Service's headquarters. There is no charge for copying the first 25 total pages. When the public record is not amenable to photocopying (for example, punch cards, magnetic tapes, large documents, and microfilm), the fee for reproducing the public record shall be based on the actual cost of reproduction. If the public records total more than 25 pages, the Service shall charge the applicant for the actual cost of labor expenses incurred by the Service for each employee photocopying the public records, including overhead costs at the Service's standard overhead rate.

Certification of Copies. The Service shall charge a fee of $5 for each public record certified as a true copy, plus 50 cents per page.

Search, Review, and Record Preparation Fees. The Service shall charge the applicant for the actual cost of labor expenses, including overhead costs at the Service’s standard overhead rate, incurred by the Service for searching or preparing public records for inspection or copying, including staff and attorney review time. The Service may not charge for any labor expenses for the first 2 hours of official or employee time needed to respond to a request for public records or to search or prepare the public records.

Exception to Fee. The Service may not charge a fee under this regulation if the total amount of the fee due under the request is $10 or less.

Returned Check Fee. The Service may charge a fee of not less than $25 for a dishonored check returned to the Service.