Chapter 04. Public Information Act Requests

“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

“Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland.

“Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland.

“Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.

“Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

“Filed” means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.

“Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland.

“Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland.

“Office” means the Office of Administrative Hearings.

“Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

“Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.

“Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.

“Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland.

“Working day” means a day on which the Office is open from 8 am until 4:30 pm.

Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request.

The custodian shall require a written request if the custodian reasonably believes that:

Immediately; or

Within a reasonable time period, not to exceed 30 days after the date of the request, if additional time is needed to retrieve the public record and conduct any necessary review.

The amount of time that the custodian anticipates it will take to produce the public record;

An estimate of the range of fees that may be charged to comply with the request for public records; and

The reason it will take more than 10 working days to produce the records.

The reason for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:

The legal authority for the denial;

Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and

Notice of the remedies available for review of the denial.

That the person does not have custody or control of the requested public record; and

If the person knows:

With the consent of the applicant, for an additional period of up to 30 days; and

For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman.

The public record is in a searchable and analyzable electronic format;

The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.

Requested by the applicant, and

The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data.

Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or

Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.

Using a software program or function; or

Converting the electronic record into a different searchable and analyzable format.

If, in the opinion of the Chief ALJ, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Chief ALJ may temporarily deny the request and seek a court order allowing nondisclosure.

A temporary denial shall be in writing.

Within 10 working days after the denial, the Chief ALJ shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

Notice of the Chief ALJ’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules.

Reproduction.

Certification. If a person requests that a reproduction of a public record be certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged.

Minimum Fee. No charge will be made if the total fee is $10 or less.

Collect from the applicant a fee equal to the actual cost of reproduction; or

Direct the applicant to pay the cost of reproduction directly to the reproduction facility.

Obtain the agreement of the applicant to pay the cost; or

Require prepayment of all or a portion of the cost.

Except as provided in §F of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Office spends to:

The custodian shall determine the fee under §E(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and reproduction.

The official custodian may waive or reduce a fee under this regulation if:

In determining whether a fee is in the public interest, the custodian shall consider relevant factors, including the ability of the applicant to pay the fee.