# COMAR Title 17 — Department of Budget and Management ## Subtitle 04 — Personnel Services and Benefits ### Chapter 14 — Maintenance and Inspection of Records **Authority:** State Personnel and Pensions Article, §4-106; State Government Article, §§10-613—10-623; Annotated Code of Maryland **Administrative History:** Effective date: October 17, 1980 (7:21 Md. R. 1993) **Administrative History:** Regulation .02E amended effective April 16, 1990 (17:7 Md. R. 847) **Administrative History:** Regulation .02G amended effective April 16, 1990 (17:7 Md. R. 847) **Administrative History:** Regulation .10 amended effective April 16, 1990 (17:7 Md. R. 847) **Administrative History:** Regulation .22 amended effective April 16, 1990 (17:7 Md. R. 847) **Administrative History:** For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. #### Regulation .01 General. *COMAR 17.04.14.01* These regulations are promulgated pursuant to State Government Article, §10-613, Annotated Code of Maryland, to establish procedures for control and inspection of records under the custody and control of the Department of Budget and Management. 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. It is also the policy of the Department to safeguard the privacy of State employees by restricting access to records when access is denied or restricted by law. #### Regulation .02 Definitions. *COMAR 17.04.14.02* A. In this chapter, the following terms have the meanings indicated: B. Terms Defined. (1) “Act” means the Public Information Act, State Government Article, §§10-601—10-630, Annotated Code of Maryland. (2) “Applicant” means any person requesting disclosure of public records. (3) “Department” means the Department of Budget and Management. (4) “Departmental custodian” means each division director of the Department who is responsible for the maintenance, care, and keeping of public records. (5) Personnel Record. (a) “Personnel record” means any record, regardless of physical form, indexed by name or the employee's identification number. (b) “Personnel record” includes, but is not limited to, the following forms and documents pertaining to any current or past employee: (i) MS-100, Application Form; (ii) MS-205, Notice of Test Result; (iii) MS-104, Interview and Hire Application Form; (iv) All performance ratings; (v) All scholastic achievement data but not including Form MS-551, Application for Out-Service Training Authorization; (vi) All written documents in any closed hearing conducted by the Department, including exhibits offered or introduced, pleadings, and recordings of the hearings; and (vii) A grievance decision or decision involving a disciplinary action issued by the Department if the decision is the result of a closed hearing. (6) “Public records” means any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing, or other written document, regardless of physical form or characteristics, and including all copies, that have been made by the Department or received by the Department in connection with the transaction of public business, except as set forth in Regulations .10—.16 of this chapter. (7) “Secretary” means the Secretary of Budget and Management or the Secretary's designated representative. (8) “Working day” means every day except Saturdays, Sundays, and State holidays. (9) “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics. #### Regulation .03 Applications to Inspect or Copy. *COMAR 17.04.14.03* A. Any person may request to inspect any public record in the custody and control of the Department. The Departmental custodian may require that the request be in writing. B. An applicant may request in writing a copy of a record. C. In a written request, the applicant shall show his or her name and address, shall sign the request, and shall reasonably identify by brief description the record sought. D. The applicant shall address a written request for a record in the custody and control of the Department to the Departmental custodian of the record, or if the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary. #### Regulation .04 Response to Applications. *COMAR 17.04.14.04* The custodian shall respond to the applicant within 10 working days and shall advise the applicant of the pertinent procedure as set forth in Regulations .05—.21 of this chapter. #### Regulation .05 Fees. *COMAR 17.04.14.05* A. The custodian shall provide copies, printouts, or photographs only upon payment of the applicable fee by the applicant. B. The fees to be charged for any copies, printouts, or photographs shall be established by the Secretary and posted in the offices of the Departmental custodian. C. Upon request of the applicant, fees may be waived by the Secretary for good cause, if the Secretary determines waiver to be in the public interest. D. Before obtaining the reproduction of a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may require prepayment of any estimated fee before reproducing the record. #### Regulation .06 Records Not in the Custody and Control of the Custodian. *COMAR 17.04.14.06* If a requested public record is not in the custody or control of the person to whom written application is made, this person shall notify the applicant of this fact, and, if known, the custodian of the record and the location of the record. #### Regulation .07 Records Temporarily Unavailable. *COMAR 17.04.14.07* If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the Departmental custodian shall notify the applicant of this fact and shall set a date and hour within a reasonable time at which date and time the Departmental custodian shall make the record available to the applicant for inspection or copying pursuant to this chapter. #### Regulation .08 Records Destroyed or Lost. *COMAR 17.04.14.08* If the requested record has been destroyed or lost, the Departmental custodian to whom the application is made shall notify the applicant of this fact and shall explain the reasons or circumstances which led to the custodian's inability to produce the record. #### Regulation .09 Public Records. *COMAR 17.04.14.09* A. All records, except as set forth in Regulations .10—.16 of this chapter, shall be open to inspection between 9 a.m. and 4 p.m. on regular business days. B. The place of inspection shall be the place where the document is located unless the Departmental custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant. C. The Departmental custodian may determine the time and date for the inspection of any records. #### Regulation .10 Personnel Records. *COMAR 17.04.14.10* A. Any current or former State employee may inspect and request copies of the personnel record maintained by the Department for that employee. B. Any elected or appointed official or employee who supervises an employee may inspect and request copies of the personnel record maintained by the Department for any employee actually supervised by that official. #### Regulation .11 Medical Records. *COMAR 17.04.14.11* Records maintained by the State Medical Director with respect to any employee, including but not limited to Forms MS-401 and MS-405, shall be available only to that employee or an authorized representative. #### Regulation .12 Testing Records. *COMAR 17.04.14.12* A. Any person who has taken a written promotional examination may inspect but not copy or reproduce that examination and the results of it within 60 days following the conduct and scoring of the examination. B. Test questions, scoring keys, test research and evaluation data, rating forms, work sheets, and answer sheets, not available under §A of this regulation, except for blank copies of any forms which do not reveal questions or answers, may not be inspected or copied. #### Regulation .13 Trade Secrets Confidential Data. *COMAR 17.04.14.13* A person may not inspect or copy any information which constitutes a trade secret or confidential commercial or financial data in the custody and control of the Department. #### Regulation .14 Privileged Information. *COMAR 17.04.14.14* A person may not inspect or copy any information which is privileged by law. #### Regulation .15 Letters of Reference. *COMAR 17.04.14.15* A person may not inspect or copy letters of reference in the custody and control of the Department. #### Regulation .16 Disclosure Against Public Interest. *COMAR 17.04.14.16* If, in the opinion of the Departmental custodian, disclosure of any public record which is otherwise required to be disclosed would do substantial injury to the public interest, he may temporarily deny this request in writing. In these cases, the Departmental custodian, after obtaining approval from the Secretary or his designee, shall apply to the appropriate circuit court for an order permitting him to continue to deny or restrict this disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Departmental custodian in the same manner provided for service of process by the Maryland Rules of Procedure. #### Regulation .17 Protection of Privacy and Confidentiality. *COMAR 17.04.14.17* Any person entitled by law to inspect or have copies of any records set forth in Regulations .10—.16 of this chapter shall, before inspection: A. Specify, in writing, the basis for the request; B. Agree, in writing, not to release any information derived from the inspection to any third party without the express prior agreement, in writing, of the custodian; C. Agree to the entry of an appropriate protective order in a court of competent jurisdiction ensuring that information may not be disclosed generally. #### Regulation .18 Certification of Copies. *COMAR 17.04.14.18* The Departmental custodian shall provide a certified copy of a record only when a certified copy has been requested and the applicable fee paid. #### Regulation .19 Salary Information. *COMAR 17.04.14.19* The custodian shall provide a certified statement of the current salary of any State employee upon application and payment of the applicable fee. #### Regulation .20 Notification of Persons Who May Be Affected by Disclosure. *COMAR 17.04.14.20* Unless prohibited by law, the Departmental custodian, in his discretion, 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 Departmental custodian may consider the views of these persons before deciding whether to disclose the record to the applicant. #### Regulation .21 Denial of Applications Review. *COMAR 17.04.14.21* Any person whose application is denied under Regulations .10—.16 of this chapter may: A. File a grievance, if otherwise permitted to do so, in accordance with COMAR 17.04.06; B. File a petition for declaratory ruling in accordance with COMAR 17.02.02; or C. Seek judicial review in accordance with the Act. #### Regulation .22 Maintenance of Records; Relevance of Material. *COMAR 17.04.14.22* A. All records which are not subject to public inspection pursuant to this chapter shall be maintained by the custodian in a manner which assures that the right to privacy of the person who is the subject of the record is maintained. B. Only information which is relevant and necessary to accomplish the purpose of the Department may be maintained in any records of the Department. C. Records of all official actions affecting the status of any employee in the classified or unclassified service shall be maintained. #### Regulation .23 Bulletin Board. *COMAR 17.04.14.23* The Secretary will maintain an official bulletin board open to the public in his offices, upon which shall be posted all notices required by law or regulation and such other notices as appropriate. #### Regulation .24 Official Class Specifications. *COMAR 17.04.14.24* A. The Secretary shall maintain a record of each classification which he establishes including the following: (1) Class title; (2) Duties performed and the responsibilities exercised by the incumbents of positions allocated to the class; (3) Minimum qualifications to be required of future applicants seeking appointments to positions in the class; and (4) Minimum and maximum rates in the schedule of compensation for the class. B. These specifications shall be endorsed with the date of adoption and the signature or initials of the Secretary or any of his regular employees authorized by official action to make the endorsements. C. All amendments to the specifications and compensation schedule adopted by law or under regulation shall be included in the record for the classification.