Plain Text Law

Title 25 — Subtitle 01. General Regulations

Chapter 01. Petition for Declaratory Ruling

Regulation .01 Who May File.Copy Citation

Any interested person may file a petition with the Treasurer with respect to the applicability of any statute pertaining to the Office of the State Treasurer or the applicability of any regulation adopted by the Treasurer.

Regulation .02 Form.Copy Citation

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.

Regulation .03 Submission, Consideration, and Disposition.Copy Citation

The petition for declaratory ruling shall be filed with the Treasurer. The Treasurer or the Treasurer's designee shall consider the petition and shall notify the petitioner in writing of its disposition, stating the reasons for the Treasurer's issuance or denial of the declaratory ruling requested. A written answer from the Treasurer or the Treasurer's designee to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.

Chapter 02. Petitions for Adoption, Amendment, or Repeal of Regulations

Regulation .01 Who May File.Copy Citation

Any interested person may file a petition with the Treasurer for the promulgation, amendment, or repeal of any regulation.

Regulation .02 Form.Copy Citation

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or amendment the petitioner proposes and shall refer to any existing regulation the petitioner seeks to have amended or repealed.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.

Regulation .03 Submission, Consideration, and Disposition.Copy Citation

The petition shall be filed with the Treasurer for consideration and disposition. Within 60 days after submission, the Treasurer or the Treasurer's designee shall notify the petitioner in writing either that the Treasurer has denied the petition in whole or in part, stating the reasons for the denial, or that the Treasurer has initiated appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition.

Chapter 03. Contested Cases

Regulation .01 Scope.Copy Citation

This chapter applies to hearings that the Treasurer is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings, including those delegated by the Treasurer to the Office of Administrative Hearings, for which other procedures are specifically prescribed by statute or regulation.

Regulation .02 Definitions.Copy Citation

A.
In these regulations, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Notice” means a written document sent by certified mail, return receipt requested.
(2)
“Office” means the Office of the State Treasurer.
(3)
“Party” means the Office or any person whose rights are being adjudicated by the Treasurer at a hearing.

Regulation .03 Notice.Copy Citation

A.
Whenever the Treasurer is required by statute or regulation to provide a hearing to a person, the Treasurer or the Treasurer's designee shall send that person reasonable notice of the hearing.
B.
Contents of Notice. The notice shall contain a:
(1)
Statement of the:
(a)
Date, time, place, and nature of the hearing,
(b)
Person's right to be represented by counsel,
(c)
Legal authority and jurisdiction under which the hearing is to be held;
(2)
Reference to the particular sections of statute and regulation, including rules of procedure, involved; and
(3)
Short and simple statement of the matters that will be at issue at the hearing.

Regulation .04 Hearing Officer.Copy Citation

The Treasurer may conduct the hearing or may delegate to the Office of Administrative Hearings the authority to hear a particular case, in which event the case shall be heard under the procedures established by the Office of Administrative Hearings in COMAR Title 28.

Regulation .05 Prehearing Conference.Copy Citation

A.
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.
B.
In the discretion of the Treasurer, persons other than parties may attend a prehearing conference.

Regulation .06 Hearing.Copy Citation

A.
General. The provisions of State Government Article, §§10-205—10-214, concerning the conduct of administrative hearings, apply to these proceedings.
B.
Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Treasurer during the prehearing conference or otherwise:
(1)
Call of the case by the Treasurer;
(2)
Opening statements by the parties;
(3)
Presentation of evidence in the following order:
(a)
The Office presents the basis for its action or proposed action and other evidence,
(b)
Parties aggrieved by the Office's action or proposed action present their objections and other evidence,
(c)
Other persons may present evidence in the discretion of the Treasurer,
(d)
Rebuttals in the same order.
C.
Powers of Treasurer. The Treasurer shall have all powers necessary to these ends, including, but not limited to, the power to:
(1)
Administer oaths and affirmations;
(2)
Rule upon offers of proof and receive relevant and material evidence;
(3)
Consider and rule upon all procedural and other motions appropriate to the proceedings;
(4)
Examine witnesses;
(5)
Maintain order, limit unduly repetitious testimony, and limit the time for presentations;
(6)
Grant a continuance for good cause shown;
(7)
Require parties to submit proposed findings of fact and conclusions of law;
(8)
Call witnesses.
D.
Rights of Party. Each party shall have the right on each genuine issue of fact to:
(1)
Call witnesses and present evidence;
(2)
Cross-examine every witness called by a party, the Treasurer, or other person;
(3)
Submit rebuttal evidence;
(4)
Present summation and argument; and
(5)
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 counsel.

Regulation .07 Record and Transcript.Copy Citation

A.
The Treasurer 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.
B.
A stenographic record of the proceedings or other form of verbatim record acceptable to the Treasurer shall be made at the expense of the Office. This record need not be transcribed unless requested by a party or the Treasurer. The cost of any transcripts of any proceedings, or part of them, shall be paid by the party requesting the transcript.

Regulation .08 Decisions.Copy Citation

A.
If the Treasurer personally hears the evidence at the hearing, the Treasurer shall issue a final decision within a reasonable time of the hearing.
B.
Proposed Decision.
(1)
If the Treasurer does not personally hear the evidence at the hearing, the Office of Administrative Hearings shall issue a proposed decision within a reasonable time after the hearing according to the provisions of State Government Article, §10-216, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.
(2)
The proposed decision, including the findings of fact and conclusions of law on which it is based, shall be mailed or delivered to all parties immediately after its issuance.
(3)
The parties also shall be notified 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 Treasurer. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record that the party wishes the Treasurer 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 Treasurer may dismiss any request to present argument and may base review of the proposed decision on whatever portion of the record the Treasurer deems appropriate.
(4)
If an opportunity to present argument is not requested, the Treasurer shall issue a final decision.
(5)
If argument is requested, the Treasurer shall set a date for presentation of argument and shall notify the parties of that date within 30 days of the receipt of the request.
(6)
The Treasurer shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be delivered or mailed to all parties, return receipt requested.
C.
Final decisions issued by the Treasurer shall include findings of fact and conclusions of law in accordance with State Government Article, §10-221, Annotated Code of Maryland.

Regulation .09 Appeal.Copy Citation

A party adversely affected by a final decision of the Treasurer may obtain judicial review of the decision as provided by law.

Chapter 04. Access to Public Records

Regulation .01 Purpose.Copy Citation

These regulations set out procedures for filing requests with the Office of the State Treasurer for the inspection, copying, or correction of records of the Office under the Access to Public Records Act, State Government Article, §§10-611—10-628. It is the policy of the Treasurer to facilitate public access to the records of the Office, when the access is allowed by law, by minimizing costs and time delays to persons requesting information.

Regulation .02 Definitions.Copy Citation

A.
In these regulations, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2)
“Applicant” means a person or governmental unit that asks to inspect a public record.
(3)
“Custodian” means a person employed by the Office and authorized to have physical custody and control of a public record of the Office.
(4)
“Disclosable record” means a record required to be disclosed.
(5)
“Office” means the Office of the State Treasurer.
(6)
“Official custodian” means the Treasurer or the Chief Deputy Treasurer.
(7)
“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.
(8)
“Public record” means the original or any copy of any documentary material that is made or received by the Office 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.
(9)
“Working day” means a day other than Saturday, Sunday, or a State holiday.

Regulation .03 Requests for Access or Copy.Copy Citation

A.
An applicant may request access to inspect or copy public records of the Office.
B.
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.

Regulation .04 Written Application.Copy Citation

A.
Inspections.
(1)
Except as provided in §A(2), the custodian shall make available for inspection, without a written application, any record that clearly is required to be disclosed.
(2)
The custodian may require a written application if the custodian reasonably believes that:
(a)
A written application will materially assist the Office in responding to the request;
(b)
The Act or any other law may prohibit disclosure of the record; or
(c)
The Act may authorize non-disclosure.
B.
Copies. If the applicant is requesting a copy of any public record, the custodian may require a written application.
C.
Contents of Application. A written application shall contain the applicant's name, address, and a brief description of the record sought.

Regulation .05 Custodian's Response to Application.Copy Citation

A.
The custodian shall determine whether:
(1)
A written application is required;
(2)
The record is in the custodian's custody;
(3)
The record can be disclosed to the applicant; and
(4)
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.
B.
Time for Response and Decision to Grant or Deny. Within 30 days after receiving an application, the custodian shall grant or deny the application. The following apply:
(1)
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 time is needed to retrieve the information.
(2)
Denial.
(a)
Once a final decision to deny the application is made, the custodian shall immediately notify the applicant.
(b)
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.
(3)
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.
C.
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.
D.
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.
E.
Record Lost or Destroyed. If the custodian determines that the record is lost or destroyed, the custodian shall notify the applicant within 10 working days after receipt of the request.
F.
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.

Regulation .06 Notice to Persons Who May Be Affected by Disclosure.Copy Citation

A.
Except as provided in §B, the custodian may notify any 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.
B.
The custodian may not notify a person who could be adversely affected by disclosure if:
(1)
Any other law prohibits notice; or
(2)
Access to a disclosable record would be unreasonably delayed.

Regulation .07 Review of a Denial.Copy Citation

A.
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.
B.
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 State Government Article, §10-623.
C.
If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial review under State Government Article, §10-623, without exhausting the administrative remedy.

Regulation .08 Disclosure Against Public Interest.Copy Citation

If the official custodian decides that disclosure otherwise required by the Act or other law would do substantial injury to the public interest, the official custodian 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.

Regulation .09 Fees.Copy Citation

A.
If the fee for copies, printouts, photographs, or certified copies of any record is specifically prescribed by a law or regulation other than the Act, that specific law or regulation shall control.
B.
The custodian may charge a fee of 20 cents per page for each copy if reproduction can be made by a photocopying machine within the Office.
C.
If the custodian is unable to copy a record within the Office, the custodian shall make arrangements for the prompt reproduction of the record at a public or private facility outside the Office. If a record cannot be photocopied in the Office, for example, punch cards, magnetic tapes, blue prints and microfilm, the fee for copies shall be the actual cost of reproduction. 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.
D.
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.
E.
The official custodian may charge a reasonable fee for employee search and preparation time in excess of 2 hours.
F.
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.
G.
If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant cost of postage or delivery.

Regulation .10 Time of Inspection.Copy Citation

An applicant may inspect disclosable records only during the normal working hours of the Office.

Regulation .11 Place of Inspection.Copy Citation

Inspection shall take place where the document is located, unless the official custodian, after considering the applicant's preference, determines that another place is more suitable and convenient.

Chapter 05. Correction or Amendment of Personal Records

Regulation .01 Purpose.Copy Citation

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.

Regulation .02 Definitions.Copy Citation

A.
In these regulations, the following terms have the meanings indicated unless otherwise apparent from the context.
B.
Terms Defined.
(1)
“Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2)
“Custodian” means a person employed by the Office and authorized to have physical custody and control of a public record of the Office.
(3)
“Office” means the Office of the State Treasurer.
(4)
“Official custodian” means the Treasurer or the Chief Deputy Treasurer.
(5)
“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.
(6)
“Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:
(a)
An address;
(b)
A description;
(c)
A finger or voice print;
(d)
A number; or
(e)
A picture.

Regulation .03 Who May Request.Copy Citation

A person in interest may request the Office to correct or amend any personal record pursuant to State Government Article, §10-625.

Regulation .04 Contents of Request.Copy Citation

The request shall be in writing and shall state the:
A.
Name, address, and phone number of the person making the request;
B.
Precise correction or amendment requested; and
C.
Reason the correction or amendment is sought.

Regulation .05 Filing the Request.Copy Citation

A request for correction or amendment of a record shall be filed with the Office by addressing it to the custodian of the record. If the custodian is unknown, the request may be addressed to the official custodian.

Regulation .06 Return of Request.Copy Citation

If a request does not reasonably comply with Regulation .04, above, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Office.

Regulation .07 Response to Request.Copy Citation

Within 30 days after receipt of a proper request for correction or amendment, the custodian shall:
A.
Make the requested correction or amendment and inform the person in writing of the action;
B.
Inform the person in writing of the:
(1)
Refusal to make the requested correction or amendment, and
(2)
Reason for the refusal; or
C.
Inform the person in writing that the record may not be amended or corrected as requested because:
(1)
The person is not a person in interest,
(2)
The record sought to be corrected or amended is not a personal record,
(3)
The person requesting the correction or amendment is not entitled to inspect the record under State Government Article, §§10-615—10-619, or
(4)
Of any other reason that is authorized by law.

Regulation .08 Statement of Disagreement.Copy Citation

A.
Right to File. If the Office refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for the:
(1)
Requested correction or amendment; and
(2)
Disagreement with the refusal of the Office to make the correction or amendment.
B.
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. More than five pages may not be accepted in connection with a request for correction or amendment.
C.
Information Provided to Third Parties. When the Office discloses to a third party information from personal records about which a statement of disagreement has been filed, the Office shall furnish a copy of the statement to the third party.

Regulation .09 Administrative and Judicial Review.Copy Citation

A.
A person may seek administrative and judicial review in accordance with State Government Article, Title 10, Subtitle 2, if the person has been denied:
(1)
A request to change a personal record;
(2)
The right to file a statement of disagreement; or
(3)
The right to have a statement of disagreement forwarded to a third party pursuant to Regulation .08C, above.
B.
A request for administrative review of a decision of the Office to deny a request to change a personal record shall be filed within 30 days of the date of the decision.

Chapter 06. Open Meetings

Regulation .01 Definition.Copy Citation

“Public body” means the Capital Debt Affordability Committee established by State Finance and Procurement Article, §8-108, Annotated Code of Maryland, the Commission on State Debt established by Executive Order 01.01.1980.06, or any other public body as defined by State Government Article, §10-502, Annotated Code of Maryland, of which the State Treasurer from time to time is a member and serves as its chairman.

Regulation .02 Public Attendance.Copy Citation

A.
At any open session of the public body, the general public is invited to attend and observe.
B.
Except in instances when the public body expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

Regulation .03 Disruptive Conduct.Copy Citation

A.
An individual attending an open session of the public body may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.
B.
The presiding officer may order an individual who persists in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order.
C.
The presiding officer may recess the session while order is restored.

Regulation .04 Recording, Photographing, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including any representative of the news media, may record discussions of the public body at an open session by means of a tape recorder or any other recording device if the device does not create an excessive noise that disturbs members of the public body or other individuals attending the session.
B.
A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the public body at an open session by means of any type of camera if the camera:
(1)
Is operated without excessively bright artificial light that disturbs members of the public body or other individuals attending the session; and
(2)
Does not create an excessive noise that disturbs members of the public body or other individuals attending the session.
C.
A representative of the news media may broadcast or televise the proceedings of the public body at an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs members of the public body or other individuals attending the session; and
(2)
Does not create an excessive noise that disturbs members of the public body or other individuals attending the session.
D.
The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the session.

Regulation .05 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public, or any transcript derived from a recording, is not considered a part of the record of any proceeding of the public body.