Chapter 01. Public Information Act Requests
Regulation .01 General.LinkCopy Citation
This chapter sets out procedures for filing requests with the Department of Budget and Management for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when this access is allowed by law, by minimizing costs and time delays to persons requesting information.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, State Government Article, §§10-611—10-630, Annotated Code of Maryland.
(2)
“Applicant” means a person or governmental unit that asks to inspect public records.
(3)
“Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.
(4)
“Department” means the Department of Budget and Management.
(5)
“Records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics. “Records” includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.
(6)
“Secretary” means the Secretary of Budget and Management or the Secretary's designee.
(7)
“Working day” means a day other than Saturday, Sunday, or a State holiday.
Regulation .03 Who May Request.LinkCopy Citation
Any person may request to inspect or copy records of the Department.
Regulation .04 Authority to Grant or Deny Requests.LinkCopy Citation
A custodian may not grant or deny a request to inspect or copy records pursuant to this chapter without the prior approval of the Secretary.
Regulation .05 Necessity for Written Request.LinkCopy Citation
A.
Inspections.
(1)
Except as otherwise provided in this regulation, the custodian shall generally make records 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 the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.
B.
Copies. If the applicant is requesting a copy of any record, the custodian may require a written request by the applicant.
Regulation .06 Contents of Written Request.LinkCopy Citation
A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.
Regulation .07 Filing Written Request.LinkCopy Citation
A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.
Regulation .08 Response to Request.LinkCopy Citation
A.
If the custodian decides to grant a request for inspection or copying, the custodian shall produce the record for inspection or copying immediately or within a reasonable period, not to exceed 30 days from the date of the receipt of the request when this period of time is needed to retrieve the information.
B.
Denial of Request.
(1)
If the custodian decides to deny the request, the custodian shall do so within 30 days from the date of receipt of the request and shall immediately inform the applicant of the denial.
(2)
If the request was in writing, the custodian shall immediately provide the applicant with a written statement of the grounds for the denial, which shall state the law or regulation under which access is denied, and all remedies for review of this denial available under the Act.
(3)
If the request was oral, the custodian shall inform the applicant either orally or in writing of the denial and the general basis for it.
C.
If a request is made for a record not in the possession of the Department to a person who is not a custodian of the record, that person shall, within 10 working days from the date of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D.
With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period not to exceed 30 days.
E.
Unless a different statute explicitly requires or bars disclosure of a particular record, custodians shall base their decisions on whether to grant or deny requests to inspect or copy records solely upon the Act and the regulations in this chapter.
Regulation .09 Privileged Records.LinkCopy Citation
A.
The Department may deny inspection or copying pursuant to this chapter of records protected from disclosure by the doctrine of executive privilege. The privileged records may include, but are not limited to records:
(1)
Relating to budgetary and fiscal analyses, policy papers, and recommendations made by the Department or by any person working for the Department;
(2)
Provided by any other agency to the Department in the course of the Department's exercise of its responsibility to prepare and monitor the execution of the annual budget;
(3)
Relating to a State procurement when a final contract award has not been made or when disclosure of the record would adversely affect future procurement activity;
(4)
Of confidential advisory and deliberative communications relating to the preparation of management analysis projects conducted by the Department pursuant to State Finance and Procurement Article, §7-103, Annotated Code of Maryland.
B.
A request for inspection or copying may only be denied according to this regulation by the Secretary or the Secretary's designee.
Regulation .10 Notification of Persons Who May be Affected by Disclosure.LinkCopy Citation
A.
Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
B.
If a record originated in a State agency other than the Department, the custodian shall notify the agency where the record originated that a request for inspection or copying has been made. The custodian may consider the views of that agency before deciding whether to disclose the record to the applicant.
Regulation .11 Records Destroyed or Lost.LinkCopy Citation
If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days from the date of receipt of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.
Regulation .12 Review of the Denial.LinkCopy Citation
A.
If a written request is denied by the custodian, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B.
If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.
C.
If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D.
If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.
Regulation .13 Disclosure Against Public Interest.LinkCopy Citation
If, in the opinion of the Secretary, disclosure of any record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
Regulation .14 Fees.LinkCopy Citation
A.
The fee schedule for copying and certifying copies of records is as follows:
(1)
Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of material and reproduction.
(2)
Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.
(3)
Minimum Fee Charged. A charge may not be made if the total amount of the fee would be $1 or less.
B.
Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.
C.
If the custodian is unable to copy a 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.
D.
Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.
E.
Except as provided in §F of this regulation, the Secretary may charge reasonable fees for official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying.
F.
The Secretary may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.
G.
Upon request, the Secretary may waive or reduce any fee charged according to this regulation if the Secretary determines that the waiver or reduction is in the public interest. The Secretary shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.
H.
If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.
Regulation .15 Time of Inspection.LinkCopy Citation
An applicant may inspect any record that the applicant is entitled to inspect during the normal working hours of the Department.
Chapter annotations
Authority: State Finance and Procurement Article, §3-303; State Government Article, §10-613; Annotated Code of Maryland
History: Effective date: March 26, 1984 (11:6 Md. R. 556)
History: Regulation .02B and F amended effective December 28, 1987 (14:26 Md. R. 2748)
History: Regulation .04 amended effective December 28, 1987 (14:26 Md. R. 2748)
History: Regulation .07 amended effective December 28, 1987 (14:26 Md. R. 2748)
History: Regulation .09A amended effective December 28, 1987 (14:26 Md. R. 2748)