COMAR 28.02.01 applies to all proceedings before the Department of State Police in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after a Departmental hearing. COMAR 28.02.01 does not apply to: Personnel grievance hearings, conferences, informal investigations, or other proceedings in which hearings are not required by law; or Proceedings before the Department for which specific regulations governing the hearings have been adopted. State Government Article, §§10-205, 10-206, 10-208, 10-218, and 10-122; Public Safety Article, §2-205; Annotated Code of Maryland Effective date: February 24, 1997 (24:4 Md. R. 295) This chapter sets out procedures for filing requests with the Department of State Police for the inspection and copying of records under State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland. “Applicant” means a person requesting disclosure of public records. “Department” means the Department of State Police. “Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department. “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 Department head is the official custodian of the Department's records. “Person” means and includes a person, corporation, partnership, firm, association, or government agency. Public Records. “Public records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. “Public records” includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department. “Public records” does not mean sociological data, as defined in this regulation. “Secretary” means the Secretary of State Police. “Sociological data” means any of the following information concerning a person about whom a record is maintained by the Department of State Police: Social Security number; Personal address; Personal phone number; Any information obtained by a personal history investigation; Any information obtained through a doctor's examination; Any score from a GED certificate; Any transcript or information obtained from a high school, college, or other approved educational institution; and Any information regarding marital status or dependents. “Working day” means a day other than Saturday, Sunday, or a State holiday. Written Documents. “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics. “Written documents” does not mean sociological data, as defined in this regulation. Any person may request to inspect or copy public records of the Department. Inspections. Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request. Copies. If the applicant is requesting a copy of a public record, the custodian may require a written request by the applicant. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary of State Police. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information. If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant. With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period not to exceed 30 days. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant 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. If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying. If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the records cannot be produced. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Office of Administrative Hearings in accordance with COMAR 29.01.01. The Secretary shall issue the final decision of the Department. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland. 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 that administrative remedy. If, in the opinion of the Secretary, disclosure of a public record that 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 continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure. Fee Schedule. The fee schedule for copying and certifying copies of records is provided in this section. Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. The Secretary or the Secretary’s designee may charge a reasonable fee for the reproduction of photographs. If records cannot be adequately reproduced by photocopying (for example, magnetic tapes, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction. Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of 75 cents per page shall be charged. Minimum Fee Charged. A charge is not made if the total amount of the fee would be $1 or less. Notwithstanding §A of this regulation, if the fee for copies, printouts, photographs, or certified copies of a record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged. 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 applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction direct to the facility making the copy. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record. Except as provided in §F of this regulation, the official custodian may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying. The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the 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 for the cost of postage or delivery to the applicant. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient. General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland Effective date: February 24, 1997 (24:4 Md. R. 295) Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547) This chapter sets out procedures to implement State Government Article, §10-625, Annotated Code of Maryland, for persons in interest to request the correction or amendment of personal records in the Department of State Police. This chapter does not apply to criminal history record information as defined in Criminal Procedure Article, §10-201, Annotated Code of Maryland. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §10-224, Annotated Code of Maryland. A “person in interest” as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland. The person in interest shall request the correction or amendment in writing. Each request shall: Identify the personal records the person is seeking to correct or amend; State the precise correction or amendment requested; State the reason the correction or amendment is sought; and Include a statement that the personal records are to the person's belief currently inaccurate or incomplete. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Office of the Secretary, Department of State Police, 1201 Reisterstown Road, Pikesville, Maryland 21208-3899. A request for correction or amendment is considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03 of this chapter. If a request does not reasonably comply with Regulation .03 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with the Department. Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 of this chapter is received, the custodian of the record shall: Make the requested correction or amendment and inform the person in writing of the action; Inform the person in writing of: The Department's refusal to make the requested correction or amendment, and The reason for the refusal; or Inform the person in writing that the request will not be acted on because: The person is not a person in interest, The records sought to be corrected or amended are not personal records, The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-615—10-617, Annotated Code of Maryland, or Of any other reason that is authorized by law. If the Department's final determination under Regulation .06 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .06B of this chapter, the person in interest may file with the Department a concise statement of the reasons for: The requested correction or amendment; and Disagreement with the Department's refusal to make the correction or amendment. The statement specified in Regulation .07 of this chapter shall be filed on pages not exceeding 8-1/2 x 11 inches in size. Only one side of the page shall contain the statement. Not more than 5 pages will be accepted by the Department in connection with a single request for correction and amendment. When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied: An amendment or correction of a record; The right to file a statement; or The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter. A request for review shall be filed within 30 days of the date the person is advised of the Department's action. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and the administrative hearing regulations of the Department outlined in COMAR 29.01.01. State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland Effective date: February 24, 1997 (24:4 Md. R. 295) This chapter establishes the procedures to enforce compliance by a facility with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, and COMAR 26.27.01. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” has the meaning stated under COMAR 28.02.01.02B(1). “Civil penalty” means a statutorily authorized monetary penalty imposed for a violation of a statute or regulation. “Department” means the Department of State Police. Facility. “Facility” means a location in the State in which a hazardous material is stored, dispensed, used, or handled. “Facility” does not include: A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer intended for agricultural use. “Hearing” means a contested case hearing, as defined by the Administrative Procedure Act, State Government Article, §§10-201—10-227, Annotated Code of Maryland. “Person” means a person who owns, operates, maintains, or causes to operate or maintain a facility in this State. “Referring Agency” means the Department of the Environment. “Secretary” means the Secretary of the Department of State Police. “State” means the State of Maryland. If the Referring Agency, through an audit, inspection, or investigation, determines that a facility is not in compliance with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, or COMAR 26.27.01, the Referring Agency shall refer each violation to the Department for enforcement. The Referring Agency’s written referral shall: Include the name, address, and telephone number of the authorized representative from the Referring Agency; Be signed by an authorized representative of the Referring Agency and dated; Contain the following identification on the facility: Full name and address; and Name of owner or operator, or both; and Advise the Department of the following: Specific violations; Brief statement of facts; and Statement of the law upon which a violation is based. Upon receipt of the Referring Agency’s written referral, the Secretary shall give notice of the violation and civil penalty assessed against a facility to a person by any method allowed for service of a summons under the Maryland Rules. The notice of violation shall contain: Factual description of each violation; Civil penalty imposed; Statement of law or regulation on which each violation is based; and Appeal procedures. Records deemed confidential by law shall be handled as confidential. In addition to any other remedies available by law or in equity, the Department may impose a civil penalty against a person who violates the Hazardous Material Security Act, Title 7, Subtitle 7 of the Annotated Code of Maryland, or COMAR 26.27.01. The civil penalty may not exceed $1,000 per violation. Each day a violation occurs is a separate offense. A civil penalty imposed is payable to the Maryland Community Right-to-Know Fund under COMAR 26.26.01 and collected in a manner provided at law for the collection of debts. The Department may refer debts to the Central Collection Unit of the Department of Budget and Management in accordance with State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland. If a person who is liable to pay a penalty fails to pay after a demand for penalty is made by the Department, the amount, together with any interest and any costs that may accrue, shall be: A lien in favor of the State on a property, real or personal, of the person; and Recorded in the office of the clerk of court for the county where the property is located. After receiving written notice from the Department of the violation and penalty assessed against the facility, a person may submit a written appeal to the Secretary within 30 calendar days from receipt of the written notice of violation. If a person fails to submit a written appeal to the Department within 30 calendar days of receipt of the written notice of violation, the person is deemed to have waived all rights to an appeal and the proposed action and assessed civil penalty shall both become final. If the person timely submits a written appeal to the Secretary, the Secretary will transfer the written appeal to the Office of Administrative Hearings for a hearing in accordance with the Department’s administrative hearing regulations under COMAR 29.01.01.01. A hearing before an Administrative Law Judge of the Office of Administrative Hearings shall be conducted in accordance with the following: Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; The Department’s administrative hearing regulations under COMAR 29.01.01.01; The Rules of Procedure of the Office of Administrative Hearings under COMAR 28.02.01; and This chapter. Environment Article, §§7-701—7-709, Annotated Code of Maryland Effective date: March 3, 2014 (41:4 Md. R. 306) In this chapter, the following terms have the meanings indicated. Terms Defined. “Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts. “Department” means the Department of State Police. “Person” means: An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; A partnership, firm, association, corporation, or other entity; and A political subdivision of the State or an instrumentality of a political subdivision. “Promulgating authority” means the promulgating authority’s designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§10-101—10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§10-201—10-207, Annotated Code of Maryland. “Secretary” means the Secretary of the Department of State Police. Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit. A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the Secretary of the Department of State Police for consideration and disposition. A petition for Declaratory Ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall describe in detail: The interest of the petitioner in making the request; The issues involved; A statement of the facts; A list of documents or statements the petitioner believes should be considered; and A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person’s knowledge and belief. A petition for Declaratory Ruling shall include the petitioner’s: Name; Address; Telephone number; E-mail address; and Facsimile number, if available. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling. State Government Article, §§10-301—10-305, Annotated Code of Maryland Effective date: April 27, 2015 (42:8 Md.R. 608)