These regulations set forth procedures for filing requests with the Department of Commerce (Department) for the inspection or copying of records of the Department under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the Department's records when access is allowed by law. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means State Government Article, §§10-611—10-628, Annotated Code of Maryland. “Custodian” means the head of a Department organizational unit having personal custody and control of the public record that is the subject of a request under the Act. “Department” means the Department of Commerce, and any of the agencies, boards, commissions, corporations, authorities, trusts, divisions, or offices included within the Department of Commerce under Economic Development Article, §2-117, Annotated Code of Maryland. “Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian. “Person in interest” means a person or governmental unit that is the subject of a public record, or an authorized 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. “Public record” means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received by the Department in connection with the transaction of public business. “Public record” includes a document that contains the salary of an official or employee of the Department. “Requester” means a person or governmental unit requesting access to public records under the Act. “Secretary” means the Secretary of or the Secretary's designee. “Working day” means a day other than Saturday, Sunday, or a State holiday. A person or governmental unit may request access to inspect or copy public records of the Department. A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian. The custodian may make public records available for inspection or copying, or both, to a requester without a written request. Written requests are required when the custodian reasonably believes that: A written application will facilitate the Department in responding to the request; or The Act or any other law may prohibit disclosure of the public record or parts of it. The custodian may require a written request when the requester is requesting copies of a public record. A written request shall: Contain the requester's name and address; Reasonably identify the public record sought; and Be signed by the requester. If a requested public record is not in the custody or control of the person to whom written request is made, that person shall: Notify the requester within 10 working days of the receipt of the request; Relate to the requester the identity or the location of the custodian, if known; and Forward the request to the known custodian. If the custodian decides to grant a written request, the custodian shall produce the record for inspection within 30 days from the date the custodian receives the written request. If the custodian decides to deny a written request, the custodian shall do so within 30 days from the date the custodian receives the written request. Upon deciding to deny the request, the custodian shall notify the requester of the denial. Within 10 working days of the denial, the custodian shall transmit to the requester a written statement that sets forth the reasons and legal authority for the denial and contains a notice of the remedies for review of the denial. With the consent of the requester, a time limit imposed by §§A—C of this regulation may be extended for an additional period not to exceed 30 days. The custodian, unless prohibited by law, may notify a person in interest who is the subject of a public record that a request for inspection or copying of that record has been received. In determining whether to notify the person in interest of the pending request, the custodian shall take into account any request from the person in interest, submitted simultaneously with information submitted to the Department, that the information not be disclosed without consultation between the custodian and the person in interest. The custodian may consider the views of the person in interest before deciding whether to disclose the record. Definition. For purposes of this regulation, “sociological information” means any of the following information requested from the Department: Social Security number; Personal address; Personal phone number; Information regarding marital status, dependents, or relatives; and Information regarding employment status, including employment application. Nondisclosure. The Department may not disclose sociological information to a requester except that information may be disclosed: To public employees in performance of their public duties; To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or When required by a duly issued subpoena that a judge has signed. If the requested record has been destroyed or lost, the custodian to whom the request is made shall notify the requester of this fact within 30 days of receipt of the request. The custodian shall explain in the response the reasons why the record cannot be produced. If the requested record is temporarily unavailable, the custodian shall notify the requester of this fact within 30 days of receipt of the request, and shall explain in the response the reason why the record is temporarily unavailable and relate the date on which the record is expected to become available. If the custodian denies a written request for a reason other than that the record is temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing. If the requester requests a hearing, the hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings. After the hearing, the administrative law judge shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the Department's final decision. If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland. The requester may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy set forth in this regulation. If, in the opinion of the Secretary, disclosure of any public record which 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 the Secretary to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the requester in the same manner provided for service of process by the Maryland Rules of Procedure. The Department may charge reasonable fees in accordance with the following fee schedule: Copies. The fee for each copy is 20 cents per page when reproduction can be made by a photocopying machine within the Department. When records are not reasonably amenable to photocopying, the fee for reproducing the record shall be based on the actual cost of reproduction. Certification of Copies. When a person requests that a copy of a record be certified as a true copy of the original public record, an additional cost of $1 per page shall be charged. Searching or Record Preparation. There is no charge for the first 2 hours needed to search for a public record and prepare it for inspection. The Department may charge $20 per hour for any additional time required to search for or prepare public records for inspection or copying. A charge may not be made when the amount of the fee is less than $2. Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of a record are specifically prescribed by a law other than the Act or this regulation, the specific fee contained in that law shall determine the amount charged for that record. 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 either collect from the requester a fee which is sufficient to pay the actual cost of reproduction, or direct the requester to pay the cost of reproduction directly to the facility making the copy. Before copying a record, the custodian shall estimate the cost of copying and obtain the agreement of the requester that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying the record. If prepayment is required, the time limitations contained elsewhere in these regulations may not begin until the payment is made. Upon request, the custodian may waive or reduce a fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The custodian shall consider, among other relevant factors, the ability of the requester to pay the cost or fee. If the requester requests that copies be mailed or delivered, the custodian may charge the requester for the cost of postage or delivery to the applicant. A requester may inspect a public record to which access is granted during the normal working hours of the Department. The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable. Economic Development Article, §§2-108; State Government Article, §§10-613 and 10-617(c); Annotated Code of Maryland Effective date: July 9, 1990 (17:13 Md. R. 1614) Regulation .07-1 adopted effective June 8, 1992 (19:11 Md. R. 1017) Regulation .07-1 amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 898); amended permanently effective July 31, 1995 (22:15 Md. R. 1122)