This chapter establishes procedures for submitting requests to the Maryland Environmental Service for the inspection or copying of public records under General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. A person may request to inspect or copy a public record that is in the custody of the Service and which, under the provisions of the Public Information Act, the Service is required to make available to the public. A request for public records shall: 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. Responses to a request under the Maryland Public Information Act shall be made in accordance with General Provisions Article, §§4-201—4-302, Annotated Code of Maryland. The custodian shall deny inspection of a public record in accordance with General Provisions Article, §§4-301—4-302, Annotated Code of Maryland. The custodian, unless otherwise prohibited by law, may notify a person in interest before disclosing the public record. If the custodian denies inspection in accordance with Regulation .04B of this chapter, the custodian may consider the views of the person in interest before granting or denying the request to inspect the public record. Review of the denial may be submitted to the Office of the Public Access Ombudsman in accordance with General Provisions Article, §§4-1B-01—4-1B-04, Annotated Code of Maryland. Disputes concerning fees charged by the Service under Regulation .08 of this chapter may be submitted to the Public Information Act Compliance Board in accordance with General Provisions Article, §4-1A-05, Annotated Code of Maryland. An applicant may obtain judicial review in accordance with General Provisions Article, §4-362, Annotated Code of Maryland. If the official custodian believes that inspection of a public record will cause substantial injury to the public interest, the official custodian may deny the Request in accordance with General Provisions Article, §4-343, Annotated Code of Maryland. Fee Schedule. 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. Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a public record are specifically prescribed by law other than the Public Information Act or this regulation, the specific fee contained in the law shall determine the amount charged for that record. If the custodian is unable to copy a public record within the Service, the custodian shall make arrangements for the reproduction of the public record at public or private facilities outside the Service. 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 searching, assembling, and copying a public record, the custodian shall estimate the cost of copying and obtain the agreement of the applicant that the cost for search, preparation, review, and assembly shall be paid. The custodian may demand prepayment of an estimated fee before copying a public record. If the custodian requires prepayment, then the time limitations in this chapter may not begin until the applicant makes full payment. If the applicant requests that copies be mailed or delivered to the applicant, the Director may charge the applicant for the cost of postage or delivery to the applicant. The Official Custodian may waive or reduce any fee charged under this chapter in accordance with General Provisions Article, §4-206(e), Annotated Code of Maryland. An applicant may inspect a public record, which the custodian has determined the applicant is entitled to inspect, during a working day. Unless the applicant and the custodian otherwise agree, the public record shall be inspected at the Service's headquarters. General Provisions Article, §4-201; Natural Resources Article, §3-127; Annotated Code of Maryland Effective date: November 4, 1996 (23:22 Md. R. 1497) Regulation .01 amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .02B amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .03B amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .04 amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .05 amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .06 amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .07 amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .08A, D amended effective October 8, 2018 (45:20 Md. R. 919) Regulation .09 amended effective October 8, 2018 (45:20 Md. R. 919)