Title 23 — Subtitle 01. General Regulations

“Administrative law judge” means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter.

“Board” means the Board of Public Works.

“Party” means the Board or any person whose rights are being adjudicated at a hearing.

Statement of the date, time, place, and nature of the hearing;

Statement of the person's right to be represented by counsel;

Statement of the legal authority and jurisdiction under which the hearing is to be held;

Reference to the particular sections of statute and regulation, including rules of procedure, involved; and

Short and simple statement of the matters which will be at issue at the hearing.

Call of the case by the Board or the administrative law judge ;

Opening statements by the parties;

Presentation of evidence in the following order:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant and material evidence;

Consider and rule upon all procedural and other motions appropriate to the proceedings;

Examine witnesses;

Maintain order, limit unduly repetitious testimony, and limit the time for presentations;

Grant a continuance for good cause shown;

Require parties to submit proposed findings of fact and conclusions of law;

Call witnesses.

Call witnesses and present evidence;

Cross-examine every witness called by a party, the Board, or the administrative law judge or other person;

Submit rebuttal evidence;

Present summation and argument; and

File objections, exceptions, and motions, except that if a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance.

The administrative law judge shall notify the parties that within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request the opportunity to present argument to the Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board to review. References to the record other than any transcript of testimony shall be indicated as R . . . , and references to the transcript of testimony as contained in the record shall be indicated as T . . .. If a party fails to provide these specific references, the Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate.

If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time.

If argument is requested, the Board shall set a date for presentation of argument and shall notify the parties of the date, time, and place for argument, which shall be held within a reasonable time of the receipt of the request for oral argument.

The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested.

“Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.

“Applicant” means a person or governmental unit that asks to inspect a public record.

“Board” means the Board of Public Works.

“Custodian” means a person employed by the Board having personal custody and control of a public record of the Office.

“Disclosable record” means a record required to be disclosed.

“Official custodian” means the Secretary to the Board of Public Works.

“Person in interest” means a person or governmental unit that is the subject of a public record or a designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.

“Public record” means the original or copy of documentary material that is made or received by the Board in connection with the transaction of public business, regardless of its form. (For example, a card, a computerized record, correspondence, a drawing, a film or microfilm, a map, a photograph, a recording or tape is a public record.) A public record includes a document that contains the salary of an official or employee.

“Working day” means a day other than Saturday, Sunday, or a State holiday.

Except as provided in §A(2), of this regulation, the custodian shall make available for inspection, without a written application, any record that clearly is required to be disclosed.

The custodian may require a written application if the custodian reasonably believes that:

Name;

Address; and

A brief description of the record sought.

Whether a written application is required.

Whether the record is in the custodian's custody.

Whether the record can be disclosed to the applicant.

Whether the applicant is a person in interest, if the record may be disclosed only to a person in interest. The custodian may require documentation from the applicant to support the claim that the applicant is a person in interest.

Within 30 days after receiving an application, the custodian shall grant or deny the application.

Grant. If the custodian decides to grant an application for inspection, the record shall be produced immediately or within a reasonable period, not to exceed 30 days, after receipt of the request, if that time is needed to retrieve the information.

Denial.

Partial Grant. The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from those parts not subject to inspection.

Any other law prohibits the notice; or

Access to a disclosable record would be unreasonably delayed.

Copies.

Minimum Fee Charged. A charge may not be made if the total amount of the fee is $5 or less.

“Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.

“Board” means the Board of Public Works.

“Custodian” means a person employed by the Board of Public Works having personal custody and control of a public record of the office.

“Official custodian” means the Secretary to the Board of Public Works.

“Person in interest” means a person or governmental unit that is the subject of a public record or a designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.

“Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:

The refusal to make the requested correction or amendment, and

The reason for the refusal; or

The person is not a person in interest,

The record sought to be corrected or amended is not a personal record,

The person requesting the correction or amendment is not entitled to inspect the record under State Government Article, §§10-615—10-619, Annotated Code of Maryland, or

Any other reason that is authorized by law.

The requested correction or amendment; and

Disagreement with the refusal of the Board to make the correction or amendment.

A request to change a personal record;

The right to file a statement of disagreement; or

The right to have a statement of disagreement forwarded to a third party pursuant to Regulation .08C.