Any interested person may file a petition with the Board of Public Works (the “Board”) with respect to the applicability of any statute pertaining to the Board or the applicability of any regulation adopted by the Board. The petition shall be in writing and shall contain a detailed statement of the facts. It shall question the applicability of the State statute or regulation to these facts. The petition shall contain the name, address, and telephone number of the petitioner and a statement describing the petitioner's interest in making the request for the declaratory ruling. In addition, the petition shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true to the best of his knowledge, information, and belief. The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. The Board shall consider the petition and may, in its discretion, issue the declaratory ruling requested. The Secretary to the Board shall notify the petitioner in writing of whatever action the Board may decide to take, stating the reasons for its decision. A written answer from the Secretary to the Board to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation. State Government Article, §§10-304 and 10-305, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153) Any interested person may file a petition with the Board of Public Works for the promulgation, amendment, or repeal of any regulation under this title. The petition shall state the regulation or amendment the petitioner proposes and shall refer to any existing regulation the petitioner seeks to have amended or repealed. The petition also shall include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner. The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. Within 60 days after submission, the Secretary to the Board shall notify the petitioner in writing either that the Board has denied the petition in whole or in part, stating reasons for the denial, or that it has initiated appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. State Government Article, §§10-122 and 10-123, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153) This chapter applies to hearings that the Board of Public Works is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings for which procedures are prescribed by a specific law or by other regulation. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. Whenever the Board is required by statute or regulation to conduct a hearing as set forth in Regulation .01 of this chapter, the Board may: Hear the case; or Refer the case to the Office of Administrative Hearings which shall appoint an administrative law judge who shall conduct the hearing. The Board or the administrative law judge shall give the parties reasonable notice of the hearing. Contents of Notice. The notice shall contain a: 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. Before the date of the hearing, a prehearing conference may be held, for which notice shall be given to all parties of the date, time, and place. In the discretion of the Board or the administrative law judge, persons other than parties may attend a prehearing conference. General. The provisions of State Government Article, §§10-211—10-219, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Board or the administrative law judge during the prehearing conference or otherwise: Call of the case by the Board or the administrative law judge ; Opening statements by the parties; Presentation of evidence in the following order: The Board or its designee presents the basis for the Board's action or proposed action and other evidence, Parties aggrieved by the Board's action or proposed action present their objections and other evidence, Other persons may present evidence in the discretion of the Board or the hearing officer, Rebuttals in the same order. Powers of Board or Administrative Law Judge. The Board or the administrative law judge shall have all powers necessary to these ends, including, but not limited to, the power to: 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. Rights of Party. Every party shall have the right on every genuine issue of fact to: 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. The Board or the administrative law judge shall prepare an official record of each hearing, which shall include all pleadings, exhibits, and other material filed in the proceeding, and any testimony transcribed according to §B of this regulation. A stenographic record of the proceedings or other form of verbatim record acceptable to the Board shall be made at the expense of the Board. This record need not be transcribed unless requested by a party, the administrative law judge, or the Board. The cost of typewritten transcripts of proceedings, or part of proceedings, shall be paid by the party requesting the transcript. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time. Proposed Decision. 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. All final decisions issued by the Board shall include findings of fact and conclusions of law in accordance with State Government Article, §10-221, Annotated Code of Maryland. A party adversely affected by a final decision of the Board may obtain judicial review of the decision as provided by law. State Government Article, §10-206, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153) Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222) Chapter revised effective January 27, 1997 (24:2 Md. R. 116) These regulations set out procedures for filing requests with the Board of Public Works for the inspection, copying, or correction of records of the Board under the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Board of Public Works to facilitate public access to the records of the Board, when the access is allowed by law, by minimizing costs and time delays to persons requesting information. The following terms have the meanings indicated unless otherwise apparent from the context. Terms Defined. “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. An applicant may request access to inspect or copy public records of the Board. The applicant shall direct the request to the custodian. If the custodian is not known, the applicant may direct the request to the official custodian. Inspections. 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: A written application will materially assist the Office in responding to the request; The Act or any other law may prohibit disclosure of the record; or The Act may authorize nondisclosure. Copies. If the applicant is requesting a copy of a public record, the custodian may require a written application. Contents of Application. A written application shall contain an applicant's: Name; Address; and A brief description of the record sought. The custodian shall determine: 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. Decision to Grant or Deny. 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. Once a final decision to deny the application is made, the custodian shall immediately notify the applicant. Within 10 working days of the decision, the custodian shall give the applicant a written statement of the reasons for the denial, the legal authority for the denial, and the remedies available for review of the 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. Custody and Control of the Record. If the record is not in the custody or control of the custodian, the custodian shall notify the applicant within 10 working days after the receipt of the request and, if known, the identity and location of the actual custodian. Record Temporarily Unavailable. If the record is temporarily unavailable, the custodian shall notify the applicant within 10 working days after receipt of the request and tell the applicant the date on which the record is expected to become available. Record Lost or Destroyed. If the custodian determines that the record is lost or destroyed, the applicant shall be notified within 10 working days after receipt of the request. Extension of Time Limits. With the consent of the applicant, any time period imposed by the Act may be extended for an additional period not to exceed 30 days. Except as provided in §B, the custodian may notify a person who could be adversely affected by disclosure of a record 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. The custodian may not notify a person who could be adversely affected by disclosure if: Any other law prohibits the notice; or Access to a disclosable record would be unreasonably delayed. If the custodian denies a written application for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of a notice of denial, request an administrative hearing. If the administrative hearing results in a total or partial denial of the written application, the applicant may file an appropriate action in the circuit court under §10-623 of the Act. 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 the administrative remedy. If the Board decides that disclosure, otherwise required by the Act or other law, would do substantial injury to the public interest the Board may temporarily deny the request in writing and, within 10 working days of the denial, apply to the appropriate circuit court for an order permitting continued denial. Notice of the application shall be served on the applicant in the manner provided for service of process by the Maryland Rules of Procedure. The fee for copying and certifying copies of records is as follows: Copies. If reproduction can be made by a photocopying machine within the offices of the Board, the charge for each copy is 43 cents per page. The per-page charge will increase as follows: 45 cents on July 1, 2006; 48 cents on July 1, 2008; and 51 cents on July 1, 2010. If a record cannot be photocopied in the offices of the Board (for example, punch cards, magnetic tapes, blue prints, and microfilm), the fee for copies will be the actual cost of reproduction. Minimum Fee Charged. A charge may not be made if the total amount of the fee is $5 or less. If the fee for copies, printouts, photographs, or certified copies of any record is specifically prescribed by a law or regulation other than the Maryland Access to Public Records Act, that specific law or regulation shall control. If the custodian is unable to copy a record within the offices of the Board, the custodian shall make arrangements for the prompt reproduction of the record at a public or private facility outside the Board's offices. The custodian shall either 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 record, the custodian shall estimate the cost of reproduction and obtain either the agreement of the applicant to pay the cost or prepayment of any estimated fees. The official custodian may charge a fee for employee search and preparation time in excess of 2 hours. The fee shall reflect the hourly wage, including fringe benefits, of the employee who performs the search and preparation. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation, if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant cost of postage or delivery. An applicant may inspect disclosable records only during the normal working hours of the Board's offices. Inspection shall take place where the document is located, unless the Board, after considering the applicant's preference, determines that another place is more suitable and convenient. General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153) Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148) Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116) These regulations set out procedures for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland. In these regulations, the following terms have the meanings indicated. Terms Defined. “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: An address; A description; A finger or voice print; A number; or A picture. A person in interest may request the Board to correct or amend any personal record pursuant to §10-625 of the Act. The request shall be in writing and shall state the: Name, address, and phone number of the person making the request; Precise correction or amendment requested; and Reason the correction or amendment is sought. A request for correction or amendment of a record shall be filed with the Board by addressing it to the custodian of the record. If the custodian is unknown, the request may be addressed to the official custodian. If a request does not reasonably comply with Regulation .04, of this chapter, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Board. Within 30 days after receipt of a proper request for correction or amendment the custodian shall: Make the requested correction or amendment and inform the person in writing of the action; Inform the person in writing of: The refusal to make the requested correction or amendment, and The reason for the refusal; or Inform the person in writing that the record will not be amended or corrected as requested because: 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. Right to File. If the Board refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for: The requested correction or amendment; and Disagreement with the refusal of the Board to make the correction or amendment. Requirements for Statements of Disagreement. The statement shall be filed on pages not exceeding 8-1/2 X 11 inches in size. Only one side of the page shall contain a statement. Not more than five pages will be accepted in connection with a single request for correction or amendment. Information Provided to Third Parties. When the Board discloses to a third party information from personal records about which a statement of disagreement has been filed, the Board shall furnish a copy of the statement to the third party. A person may seek administrative and judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the person has been denied: 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. A request for administrative review of a decision of the Board to deny a request to change a personal record shall be filed within 30 days of the date of the decision. State Government Article, §10-625, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153)