Chapter 04. Access to Public Records
Regulation .01 Purpose.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy Citation
An applicant may inspect disclosable records only during the normal working hours of the Office.
Regulation .11 Place of Inspection.LinkCopy 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 annotations
Authority: State Government Article, §§10-611—10-628, Annotated Code of Maryland
History: Effective date: October 17, 1988 (15:21 Md. R. 2470)