Chapter 03. Inspection and Copying under Public Information Act
Regulation .01 Purpose.LinkCopy Citation
This chapter sets out the procedures for filing requests with the Department for the inspection and copying of records under the Public Information Act. It is the Department's policy to facilitate access to public records by minimizing costs and time delays to persons requesting information.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Act” or “Public Information Act” means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.
(2)
“Applicant” means a person who asks to inspect a public record.
(3)
“Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.
(4)
“Official custodian” means, unless otherwise provided by law, the Secretary.
(5)
“Public record” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.
Regulation .03 Who, When, and Where.LinkCopy Citation
A.
Who May Request. Any person may request to inspect or copy a public record that is in the Department's custody and control.
B.
Time of Inspection. An applicant may inspect a public record during the Department's normal working hours.
C.
Place of Inspection. The inspection shall take place where the document is located unless, after taking into account the applicant's wishes, the custodian determines that another place is more suitable and convenient.
Regulation .04 Records Designated for Immediate Inspection.LinkCopy Citation
A.
Secretary to Consider Designation. From time to time, the Secretary shall consider whether to designate specific types of public records to be made immediately available for inspection, without need for a written request.
B.
List of Designated Records. The Secretary shall maintain and make available to custodians a current list of the types of public records that the Secretary has designated under §A of this regulation.
Regulation .05 Request to Inspect.LinkCopy Citation
A.
In General.
(1)
Except as provided in §A(2) of this regulation, a request to inspect a public record shall be made in writing.
(2)
A request need not be in writing if:
(a)
The record is of a type listed by the Secretary under Regulation .04B of this chapter; or
(b)
The custodian waives the requirement for a written request.
B.
Contents of Written Request. A written request shall:
(1)
Reasonably identify, by brief description, the record sought;
(2)
Contain the applicant's name, address, and telephone number, as needed for the purpose of contacting the applicant; and
(3)
Be signed by the applicant.
C.
Filing Written Request. The applicant shall address a written request to the custodian of the record sought.
Regulation .06 Response to Written Request.LinkCopy Citation
A.
In General. Within the time limits and in the manner prescribed by the Act, a custodian shall respond in writing to a written request as provided in this regulation.
B.
If Respondent Not Custodian. If the person to whom the request is made is not the custodian of the requested records, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland.
C.
If Record Does Not Exist. If the person to whom the request is made determines that the record does not exist, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland.
D.
If Respondent is Custodian. If the person to whom the request is made is the custodian of the requested records, the custodian shall:
(1)
Grant the application, in whole or in part, in accordance with State Government Article, §§10-614(b) and 10-620, Annotated Code of Maryland;
(2)
Deny the application, in whole or in part, as required or authorized by State Government Article, §§10-615—10-618, Annotated Code of Maryland, and these regulations, in accordance with State Government Article, §10-614(b), Annotated Code of Maryland; or
(3)
If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with State Government Article, §10-619, Annotated Code of Maryland.
Regulation .07 Notice to Persons Affected by Disclosure.LinkCopy Citation
A.
Notice. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made.
B.
Consideration of Views. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle.
Regulation .08 Review of Denial.LinkCopy Citation
A.
Right to Review. Except for a temporary denial under State Government Article, §10-619, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may:
(1)
Within 30 days after receiving notice of the denial, request an administrative hearing under State Government Article, §10-622, Annotated Code of Maryland; or
(2)
File an action in circuit court under State Government Article, §10-623, Annotated Code of Maryland.
B.
Conduct of Administrative Hearing. If the applicant requests an administrative hearing, the hearing shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02.
C.
Judicial Review. If the hearing results in a total or partial denial of the written request, the applicant may file an action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
Regulation .09 Fees.LinkCopy Citation
A.
In General.
(1)
Except as otherwise provided in this section, the fee schedule for copying and certifying copies of records is as provided in this regulation.
(2)
If the fee for a copy, printout, photograph, or certification of any record is specified by other law, the specified fee governs over the fees in this regulation.
(3)
No fee may be charged if the total amount accrued under the fee schedule is $1 or less.
B.
Search and Preparation Time.
(1)
Except as provided in §B(2) of this regulation, the Secretary may establish and charge a reasonable fee for:
(a)
Time spent searching for requested records; and
(b)
Time spent preparing records for inspection and copying.
(2)
No fee may be charged for the first 2 hours needed to search for a record and prepare it for inspection.
C.
Photocopying. If the copying is done on a machine that belongs to the Department, the charge is:
(1)
25 cents a page; plus
(2)
For any copying that requires more than 10 minutes of an employee's time, commensurate with that employee's rate of compensation for the time spent.
D.
Other Reproductions.
(1)
For records that are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be the actual cost, determined on a case-by-case basis.
(2)
If the custodian is unable to copy a record within the Department, the custodian shall arrange for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be the actual cost, determined on a case-by-case basis.
E.
Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification.
F.
Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain the applicant's agreement to pay the cost. The custodian may require the applicant to prepay the estimated cost by cash or certified check.
G.
Waiver or Reduction. On an applicant's request, the custodian may waive or reduce any fee imposed under this regulation if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest.
H.
Postage or Delivery Costs. If the applicant requests that copies be mailed or delivered, the custodian may charge the applicant for the cost of postage or delivery.
Chapter annotations
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)