# COMAR Title 14 — Independent Agencies

## Subtitle 40 — Maryland Center for School Safety

### Chapter 02 — Inspection of and Copying of Public Records

**Authority:** Education Article, §7-1503(g); General Provisions Article, §4-101, et seq.; Annotated Code of Maryland

**Administrative History:** Effective date: March 9, 2020 (47:5 Md. R. 312)

#### Regulation .01 Purpose.

*COMAR 14.40.02.01*

This chapter sets forth procedures for the disclosure, inspection, or copying of public records maintained by the Maryland Center for School Safety.

#### Regulation .02 Policy.

*COMAR 14.40.02.02*

It is the policy of the Maryland Center for School Safety to facilitate public access to the Center’s public records when access is authorized by law.

#### Regulation .03 Definitions.

*COMAR 14.40.02.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

  (2) “Advisory Board” has the meaning stated in Education Article, §7-1501, Annotated Code of Maryland.

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

  (4) “Center” means the Maryland Center for School Safety, its Subcabinet, Advisory Board to the Subcabinet, advisory councils, workgroups, and committees, any other public bodies under the authority and acting on behalf of the Maryland Center for School Safety, and any employees, agents, or contractors acting on behalf of the Maryland Center for School Safety.

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

  (6) “Executive Director” means the Executive Director of the Maryland Center for School Safety, as set forth in Education Article, §7-1502(d), Annotated Code of Maryland.

  (7) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

  (8) “Person in interest” means:

    (a) A person or governmental unit that is the subject of a public record;

    (b) An authorized designee of the person or governmental unit that is the subject of a public record; or

    (c) If the person has a legal disability, a parent or legal representative of the person that is the subject of a public record.

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

  (10) “Subcabinet” has the meaning stated in Education Article, §7-1501, Annotated Code of Maryland.

  (11) “Working day” means a day other than Saturday, Sunday, or a State holiday or service reduction day.

#### Regulation .04 Official Custodian.

*COMAR 14.40.02.04*

A. The Executive Director shall designate an official custodian of public records for the Center.

B. The website for the Center shall provide the name and contact information for the custodian of public records.

#### Regulation .05 Who May Request Public Records.

*COMAR 14.40.02.05*

Any person may request to inspect or copy public records of the Center.

#### Regulation .06 Necessity for Written Request.

*COMAR 14.40.02.06*

A. Inspection.

  (1) Except as otherwise provided in this chapter, the custodian shall make public records of the Center available for inspection by an applicant without demanding a written request.

  (2) The custodian shall require a written request if the custodian reasonably believes that:

    (a) The Act or any other law may prohibit the disclosure of the public record to the applicant; or

    (b) A written request will materially assist the Center in responding.

B. Copies. If the applicant requests a copy of any public record of the Center, the custodian may require a written request.

#### Regulation .07 Contents of Written Request.

*COMAR 14.40.02.07*

A written request shall:

A. Contain the applicant’s name and address;

B. Be signed by the applicant, or transmitted via email as an electronic signature;

C. Reasonably identify, by brief description, the public record sought; and

D. Specify an alternate format, if applicable, due to a disability.

#### Regulation .08 Addressee.

*COMAR 14.40.02.08*

A request to inspect or copy a public record shall be addressed or directed to the custodian of the record. If the custodian is unknown, the request may be addressed or directed to the Executive Director.

#### Regulation .09 Response to Request.

*COMAR 14.40.02.09*

A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection, without unreasonable delay, as follows:

  (1) Immediately for records designated by the Center for inspection, as set forth in §B of this regulation; or

  (2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.

B. The custodian shall designate the following public records for immediate inspection:

  (1) Minutes of the Subcabinet;

  (2) Minutes of the Advisory Board;

  (3) Bylaws of the Subcabinet; and

  (4) Bylaws of the Advisory Board.

C. If the custodian decides to deny a request for inspection, the custodian shall:

  (1) Do so within 30 days of receipt of the request; and

  (2) Immediately notify the applicant of the denial.

D. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement setting forth:

  (1) The reason for the denial;

  (2) The legal authority for the denial; and

  (3) Notice of the remedies available for review of the denial.

E. If a requested public record is not in the custody or control of the custodian to whom application is made, the custodian shall, within 10 working days after receipt of the request, notify the applicant:

  (1) That the custodian does not have custody or control of the requested public record; and

  (2) If the custodian knows, of:

    (a) The name of the custodian of the public record; and

    (b) The location or possible location of the public record.

F. With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period of up to 30 days.

#### Regulation .10 Notice to Person Possibly Affected by Disclosure.

*COMAR 14.40.02.10*

A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Center to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.

B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.

#### Regulation .11 Public Record Temporarily Unavailable.

*COMAR 14.40.02.11*

If a requested public record of the Center is in the custody and control of the person to whom the application is made but is not immediately available for inspection or copying, the custodian shall promptly:

A. Notify the applicant that the public record is not immediately available; and

B. Schedule a date within a reasonable time for inspection or copying.

#### Regulation .12 Public Record Destroyed or Lost.

*COMAR 14.40.02.12*

If the custodian knows that a requested public record of the Center has been destroyed or lost, the custodian shall promptly:

A. Notify the applicant that the public record is not available; and

B. Explain the reasons why the public record cannot be produced.

#### Regulation .13 Review of Denial.

*COMAR 14.40.02.13*

A. If the custodian denies a request to inspect or copy a public record of the Center, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.

B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the State Public Information Act Compliance Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland.

C. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to requests for public records.

#### Regulation .14 Disclosure Against Public Interest.

*COMAR 14.40.02.14*

A. Denial Pending Court Order.

  (1) If, in the opinion of the Executive Director, disclosure of a public record of the Center otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Executive Director may temporarily deny the request to obtain a court order allowing nondisclosure.

  (2) A temporary denial shall be in writing.

B. Circuit Court Review.

  (1) Within 10 working days after the denial, the Executive Director shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

  (2) Notice of the Executive Director’s complaint, on behalf of the Center, shall be served on the applicant in the manner provided for service of process under the Maryland Rules.

#### Regulation .15 Fees.

*COMAR 14.40.02.15*

A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Center is as follows:

  (1) For each copy made by a photocopying machine within the Center, 25 cents per page;

  (2) For each copy made other than by a photocopying machine within the Center, the actual cost of reproduction; and

  (3) For certification as a true copy of a public record, an additional fee of $1 per page or, if appropriate, per item.

B. Minimum Fee. A charge may not be made if the total fee is $1 or less.

C. If the fee for copies or certified copies of any public record of the Center is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

D. If the custodian cannot copy a public record within the Center, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Center. The custodian shall:

  (1) Collect from the applicant a fee to cover the actual cost of reproduction; or

  (2) Direct the applicant to pay the cost of reproduction directly to the facility making the copy.

E. Before copying a public record of the Center, the custodian shall estimate the cost of reproduction and either:

  (1) Obtain the agreement of the applicant to pay the cost; or

  (2) Require prepayment of the cost.

F. Except as provided in §G of this regulation the custodian may charge a reasonable fee for time that an official or employee of the Center spends to:

  (1) Search for requested public records; or

  (2) Prepare public records for inspection and copying.

G. The custodian may not charge a search or preparation fee for the first 2 hours that an official or employee of the Center spends to respond to a request for public records.

H. The Center may charge a reasonable hourly fee based on the actual cost to the Center for staff services for additional time required to search for or prepare public records for inspection and copying.

I. Waiver or Reduction of Fee.

  (1) The custodian may waive or reduce any fee under this regulation if:

    (a) The applicant requests a waiver; and

    (b) The custodian determines that the waiver or reduction is in the public interest.

  (2) In making a decision under this section, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

J. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the actual cost of postage or delivery, and the cost of any electronic media used to provide the copies.

#### Regulation .16 Time and Place of Inspection.

*COMAR 14.40.02.16*

A. The Center shall notify the applicant of the scope of responsive documents and fee associated with fulfilling the request no later than 30 days after receiving applicant’s request.

B. An applicant may inspect any public record of the Center that the applicant is entitled to inspect during the normal working hours of the Center.

C. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s expressed wish, determines that another place is more suitable and convenient.

D. The applicant shall have 30 days from receipt of the Center’s notification set forth in §A of this regulation to schedule the inspection of the responsive documents, make arrangements for copying of the documents, and/or remit payment to the Center.

E. After the expiration of the 30-day period set forth in §D of this regulation, if the applicant has failed to schedule the inspection, make arrangements for copying of the documents, remit payment, or otherwise communicate with the Center, the request shall be closed.