This chapter sets out procedures under the Public Information Act for filing and processing requests to the Department of Agriculture for the inspection and copying of public records of the Department. It is the policy of the Department to facilitate access to the public records of the Department, when access is allowed by law, by minimizing costs and time delays to applicants. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland. “Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland. “Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Department” means the Department of Agriculture. “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland. “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland. “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland. “PIA Coordinator” means the Department employee who is responsible for accepting requests for public records. “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, to resolve disputes under the Act. “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland. “Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland. “Secretary” means the Secretary of Agriculture. “Working day” means a day other than Saturday, Sunday, or a State holiday. Unless otherwise provided by law, the Secretary is the official custodian of the public records of the Department. Any person may request to inspect or copy public records of the Department. Inspection. Except as otherwise provided in this chapter, the custodian shall make public records of the Department available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that: The Act or any other law may prevent the disclosure of one or more public records to the applicant; or A written request will materially assist the Department in responding. Copies. If the applicant requests one or more copies of any public records of the Department, the custodian may require a written request. A written request shall: Contain the applicant’s name and address; Be signed by the applicant; and Reasonably identify, by brief description, the public record sought. A request to inspect or copy a public record of the Department shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Secretary or the PIA Coordinator. Custodian’s Initial Responsibilities. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection: Immediately; or Within a reasonable time period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review. If the custodian reasonably believes that it will take more than 10 working days to produce the record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request: The amount of time that the custodian anticipates it will take to produce the public record; An estimate of the range of fees that may be charged to comply with the request for public records; and The reason why it will take more than 10 working days to produce the records. If the custodian decides to deny a request for inspection, the custodian shall: Deny the request within 30 days after the request; and Immediately notify the applicant of the denial. 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 that gives: The reason for denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of: Why denial is necessary; and Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest; The legal authority for the denial; Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and Notice of the remedies available for review of the denial. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant: That the person does not have custody or control of the requested public record; and If the person knows, of: The name of the custodian of the public record; and The location or possible location of the public record. Any time limit imposed by §§A—C of this regulation may be extended: With the consent of the applicant, for an additional period of up to 30 days; and For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Department to any person, who in the judgment of the custodian, could be adversely affected by disclosure of that public record. The custodian may consider the views of the potentially affected person before deciding whether to disclose the public record to the applicant. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: The public record is in a searchable and analyzable electronic format; The applicant requests a copy of the public record in a searchable and analyzable electronic format; and The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if: Requested by the applicant; and The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data. The custodian is not required to: Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by: Using a software program or function; or Converting the electronic record into a different searchable and analyzable format. If the custodian knows that a requested public record has been destroyed or lost, the custodian shall promptly: Notify the applicant that the public record is not available; and Explain the reasons why the public record cannot be produced. If the custodian denies a request to inspect or copy a public record of the Department, 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. 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 Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland. 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. Denial Pending Court Order. If, in the opinion of the Secretary, disclosure of a public record of the Department otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure. A temporary denial shall be in writing. Circuit Court Review. Within 10 working days after the denial, the Secretary shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the Secretary’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules. The fee schedule for copying and certifying copies of public records of the Department is as follows: Copies. The fee for each copy made by a standard printer or photocopying or scanning machine with the Department is 25 cents per page. The fee for each copy made otherwise shall be based on the actual cost of reproduction. Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged. Minimum Fee. No charge will be made if the total fee is $10 or less. Notwithstanding §A of this regulation, if the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee. If the custodian cannot copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall: Collect from the applicant a 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 copying a public record of the Department, the custodian shall estimate the cost of reproduction and either: Obtain the agreement of the applicant to pay the cost; or Require prepayment of all or a portion of the cost. Search and Preparation Fee. Except as provided in §F of this regulation, the custodian may charge a reasonable fee for time that an official employee of the Department spends: To search for requested public records; Review requested public records for inspection and copying; and To prepare public records for inspection and copying. The custodian shall determine the fee under §E(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying. The custodian may not charge a fee under §E of this regulation for the first 2 hours spent searching for and preparing a public record for inspection. Waiver or Reduction of Fee. The official custodian may waive or reduce any fee set under this regulation if: The applicant requests a waiver; and Either: The custodian determines that the waiver or reduction is in the public interest; or The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency. In determining whether a fee is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee. 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 cost of postage or delivery. An applicant may inspect any public record of the Department that the applicant is entitled to inspect during the normal working hours of the Department. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s express wish, determines that another place is more suitable and convenient. Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland Effective date: August 17, 1981 (8:16 Md. R. 1367) Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852) Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814) Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)