# COMAR Title 30 — Maryland Institute for Emergency Medical Services Systems (MIEMSS)

## Subtitle 01 — General

### Chapter 01 — Definitions

**Authority:** Education Article, §13-516, Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

**Administrative History:** Regulation .02 amended effective July 1, 2002 (29:12 Md. R. 929); December 19, 2005 (32:25 Md. R. 1944)

**Administrative History:** Regulation .02B amended effective November 1, 2010 (37:21 Md. R. 1437); December 12, 2013 (40:24 Md. R. 2017); January 6, 2014 (40:26 Md. R. 2165); June 9, 2025 (52:11 Md. R. 533)

#### Regulation .01 Scope.

*COMAR 30.01.01.01*

This chapter defines terms used throughout Title 30.

#### Regulation .02 Definitions.

*COMAR 30.01.01.02*

A. In this title, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Advanced life support (ALS)” means care that may only be rendered by paramedics or CRTs under the Maryland Medical Protocols for Emergency Medical Services Providers.

  (2) “Affiliated” means having employment or membership as an EMS provider with an EMS operational program.

  (3) “Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:

    (a) Has been cleared for market by the Food and Drug Administration;

    (b) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and determining, without intervention by an operator, whether defibrillation should be performed; and

    (c) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart and requires user intervention to deliver the electrical impulse or automatically continues with the delivery of the electrical impulse.

  (4) “Base station” means a unit of a hospital which has been approved by the EMS Board under COMAR 30.03.06 to provide online medical direction to EMS providers.

  (5) “Basic life support (BLS)” means care rendered by emergency medical technicians or emergency medical responders under the Maryland Medical Protocols for Emergency Medical Services Providers that is not ALS care.

  (6) “Cardiac rescue technician (CRT)” means an individual licensed by the EMS Board as a CRT.

  (6-1) “Electronic Maryland EMS Data System (eMEDS®)” means the web-based electronic prehospital data collection system operated by MIEMSS.

  (7) “Electronic Maryland Ambulance Information System (EMAIS®)” means the Web-based electronic prehospital data collection system developed and operated by MIEMSS.

  (8) “Emergency medical dispatcher (EMD)” means an individual licensed by the EMS Board as an EMD.

  (9) “Emergency medical responder (EMR)” means an individual certified by the EMS Board as an emergency medical responder.

  (10) “Emergency medical services (EMS)” has the meaning stated in Education Article, §13-516(a)(5), Annotated Code of Maryland.

  (11) “Emergency Medical Services (EMS) Board” means the Board established by Education Article, §13-503, Annotated Code of Maryland.

  (12) “Emergency medical services (EMS) operational program” means:

    (a) A jurisdictional EMS operational program; or

    (b) An institution, agency, corporation, or other entity that is licensed by MIEMSS as a commercial service under Education Article, §13-515, Annotated Code of Maryland.

  (13) “Emergency medical technician (EMT)” means an individual certified by the EMS Board as an emergency medical technician.

  (13-1) “EMS clinician” means an individual licensed or certified by the EMS Board to provide emergency medical services.

  (14) “EMS provider” means an individual licensed or certified by the EMS Board to provide emergency medical services.

  (15) “Executive Director” means the Executive Director of MIEMSS.

  (16) “Institutional review board” means a group of individuals designated by an institution in compliance with 45 CFR 46, to review the use of human subjects in proposed research.

  (17) “Jurisdictional EMS operational program (jurisdiction)” means an EMS operational program which is approved under COMAR 30.03.02.03 and is not licensed as a commercial service under Education Article, §13-515, Annotated Code of Maryland.

  (18) “Maryland Ambulance Information System (MAIS)” means the prehospital patient care record system for Maryland.

  (19) “Maryland Institute for Emergency Medical Services Systems (MIEMSS)” means the State agency established by Education Article, §13-503, Annotated Code of Maryland.

  (20) “Paramedic” means an individual licensed by the EMS Board as a paramedic.

  (21) “Statewide Emergency Medical Services Advisory Council (SEMSAC)” means the body established by Education Article, §13-511, Annotated Code of Maryland.

### Chapter 02 — Documents Incorporated by Reference

**Authority:** Education Article, §§13-509 and 13-516, Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

**Administrative History:** Regulation .01A amended effective October 11, 2004 (31:20 Md. R. 1486)

**Administrative History:** Regulation .01B amended effective October 30, 2000 (27:21 Md. R. 1977); October 11, 2004 (31:20 Md. R. 1486); May 19, 2008 (35:10 Md. R. 976); January 14, 2010 (37:1 Md. R. 16); April 2, 2012 (39:6 Md. R. 411); October 15, 2012 (39:20 Md. R. 1310); March 17, 2014 (41:5 Md. R. 347); October 13, 2014 (41:20 Md. R. 1113); October 12, 2015 (42:20 Md. R. 1265); December 19, 2016 (43:25 Md. R. 1386); January 29, 2018 (45:2 Md. R. 69); August 13, 2018 (45:16 Md. R. 776); November 5, 2018 (45:22 Md. R. 1028); December 16, 2019 (46:25 Md. R. 1132); November 16, 2020 (47:23 Md. R. 979); November 1, 2021 (48:22 Md. R. 938); January 9, 2023 (49:27 Md. R. 1112); March 18, 2024 (51:5 Md. R.  233); June 8, 2026 (53:11 Md. R. 486)

#### Regulation .01 Incorporation by Reference.

*COMAR 30.01.02.01*

A. In this title, the following documents are incorporated by reference.

B. Documents Incorporated.

  (1) “Maryland Medical Protocols for Emergency Medical Services (MIEMSS July 1, 2023 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

  (2) “Maryland State Trauma Registry Data Dictionary for Adult Patients (MIEMSS  July 1, 2025 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

  (3) “Maryland State Trauma Registry Data Dictionary for Pediatric Patients (MIEMSS October 1, 2025 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

  (4) "Maryland State Trauma Registry Data Dictionary for Burn Patients (MIEMSS May 21, 2020 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

### Chapter 03 — Open Meetings

**Authority:** State Government Article, §10-507(b), Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

#### Regulation .01 Scope.

*COMAR 30.01.03.01*

This chapter governs attendance at open sessions of the:

A. Emergency Medical Services Board; and

B. Statewide Emergency Medical Services Advisory Council.

#### Regulation .02 Public Attendance.

*COMAR 30.01.03.02*

A. The general public is invited to attend and observe any open session of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council.

B. A member of the public attending an open session may only participate in the session if the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law.

#### Regulation .03 Disruptive Conduct.

*COMAR 30.01.03.03*

A. An individual attending an open session of the Emergency Medical Services Board or the Emergency Medical Services Advisory Council may not engage in any conduct, including visual demonstrations such as the waiving of placards, signs, or banners, that:

  (1) Disrupts the session; or

  (2) Interferes with the right of members of the public to attend and observe the session.

B. Action to Restore Order. The presiding officer may:

  (1) Order an individual who engages in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of an open session, removed from the session;

  (2) Request police assistance to restore order; and

  (3) Recess the session while order is restored.

#### Regulation .04 Recording, Photographing, Videotaping, and Broadcasting Open Sessions.

*COMAR 30.01.03.04*

A. A member of the public, including a representative of the news media, may record an open session of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council by means of a tape recorder or another recording device if the:

  (1) Device does not create excessive noise that interferes with the:

    (a) Participation in a session by a member of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council, or

    (b) Observation of the session by a member of the public;

  (2) Device does not otherwise interfere with an individual's observation of or participation in the session; and

  (3) Recording is done openly so that it is obvious to those in attendance that the session is being recorded.

B. A member of the public, including a representative of the news media, may photograph or videotape the proceedings of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council at an open session by means of any type of camera if the camera:

  (1) Is operated without excessively bright artificial light or excessive noise that interferes with the:

    (a) Participation of a member of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council in the session, or

    (b) Observation of the session by a member of the public;

  (2) Does not otherwise interfere with an individual's observation of or participation in the session; and

  (3) Is used openly so that it is obvious to those in attendance that the session is being photographed or videotaped.

C. A representative of the news media may broadcast or televise the proceedings of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council at an open session if the equipment used:

  (1) Is operated without excessively bright artificial light or excessive noise that interferes with the:

    (a) Participation of a member of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council in the session, or

    (b) Observation of the session by a member of the public;

  (2) Does not otherwise interfere with an individual's observation of or participation in the session; and

  (3) Is used openly so that it is obvious to those in attendance that the session is being broadcast or televised.

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 the Record.

*COMAR 30.01.03.05*

A recording of an open session made by a member of the public or any other transcript derived from a recording is not a part of the record of any proceeding of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council.

#### Regulation .06 Advanced Registration Required.

*COMAR 30.01.03.06*

An individual who intends to record, photograph, videotape, broadcast, or televise the proceedings of the Emergency Medical Services Board or the Statewide Emergency Medical Services Advisory Council at an open session shall notify the Executive Director of MIEMSS of that intention in writing at least 24 hours before the beginning of the session.

### Chapter 04 — Procedures for Access to Public Records

**Authority:** General Provisions Article, §4-201(b), Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

**Administrative History:** Regulation .01 amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .02B amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .07B amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .11E, F amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .11-1 adopted effective December 19, 2005 (32:25 Md. R. 1944)

#### Regulation .01 Scope.

*COMAR 30.01.04.01*

This chapter governs procedures for requesting and gaining access to public records of the Maryland Institute for Emergency Medical Services Systems (MIEMSS) under the Maryland Public Information Act. It is the policy of MIEMSS to facilitate public access to the public records of MIEMSS, when the access is allowed by law, by minimizing costs and time delays to persons requesting information.

#### Regulation .02 Definitions.

*COMAR 30.01.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Applicant” means a person requesting disclosure of public records.

  (2) “Custodian” means an authorized individual employed by MIEMSS having physical custody and control of public records of MIEMSS.

  (3) Official Custodian.

    (a) “Official Custodian” means the individual in MIEMSS authorized by the Executive Director to be responsible for the maintenance, care, and keeping of MIEMSS' public records, regardless whether these records are in the official custodian's actual personal custody and control.

    (b) “Official custodian” in the absence of an appointment means the Executive Director.

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

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

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

  (7) “Working day” means a day other than Saturday, Sunday, or a State holiday.

  (8) “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

#### Regulation .03 Who May Request.

*COMAR 30.01.04.03*

Any person may request to inspect or copy public records of MIEMSS.

#### Regulation .04 Necessity for Written Request.

*COMAR 30.01.04.04*

A. The custodian may require a person or government unit that wishes to inspect or copy a public record to submit a written request to the custodian. Otherwise, the custodian shall make public records available for inspection or copying.

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

  (1) The Public Information Act or any other law may prevent the disclosure of the record to the applicant; or

  (2) A written request will materially assist MIEMSS in responding to the request.

#### Regulation .05 Contents of Written Request.

*COMAR 30.01.04.05*

A written request shall:

A. Contain the applicant's name and address;

B. Be signed by the applicant;

C. Reasonably identify by brief description the record sought; and

D. Be on a form required by MIEMSS if a form is available.

#### Regulation .06 Filing Written Request.

*COMAR 30.01.04.06*

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 Executive Director.

#### Regulation .07 Response to Written Request.

*COMAR 30.01.04.07*

A. 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 exceeding 30 days from the date of the request when a period of time is needed to retrieve the information.

B. A decision to deny a written request shall be made within 30 days after receipt of the application. Upon deciding to deny a request, the custodian shall:

  (1) Immediately notify the applicant; and

  (2) Within 10 working days give the applicant the written statement required under General Provisions Article, §4-203(c)(2), Annotated Code of Maryland.

C. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.

D. If a requested public record is not in the custody or control of the individual to whom the written application is made, that individual shall, within 10 working days of receipt of the request, so notify the applicant. If that individual 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.

E. With consent of the applicant, any time limit imposed by §§A—D of this regulation may be extended for an additional period of up to 30 days.

#### Regulation .08 Notification of Persons Who May Be Affected by Disclosure.

*COMAR 30.01.04.08*

Unless prohibited by law, 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.

#### Regulation .09 Records Temporarily Unavailable.

*COMAR 30.01.04.09*

If a requested public record otherwise subject to inspection or copying is in the custody and control of the individual 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.

#### Regulation .10 Records Destroyed or Lost.

*COMAR 30.01.04.10*

If a requested record otherwise subject to inspection or copying 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 record cannot be produced.

#### Regulation .11 Review of the Denial.

*COMAR 30.01.04.11*

A. 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, seek administrative review by filing a written request for a hearing with the Executive Director.

B. If the applicant requests a hearing, the hearing shall be conducted by the EMS Board or the Office of Administrative Hearings if the EMS Board so elects.

C. The hearing procedures in COMAR 28.02.01 apply.

D. If the hearing is conducted by the Office of Administrative Hearings, the hearing procedures of COMAR 30.02.06.22 and .23 also apply.

E. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in circuit court under General Provisions Article, §4-362, Annotated Code of Maryland. The EMS Board shall be a party to any proceeding.

F. If the applicant does not request a hearing, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without exhausting the administrative remedy. The EMS Board shall be a party to any proceeding.

#### Regulation .11-1 Disclosure for Compelling Public Purpose.

*COMAR 30.01.04.11-1*

A custodian of MIEMSS may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information concerns:

A. Possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

B. A possible violation of law, and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation or over a facility in which the individual is practicing or has practiced and the information disclosed is limited to that information relevant to the possible violation by that individual;

C. Conduct by an individual who the custodian reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual or regulates a facility in which the individual has practiced, or to an EMS Operational Program, a hospital, or other health care facility where the individual has privileges;

D. Home addresses and is disclosed to an educational program approved under COMAR 30.04; or

E. Continuing education requirements and is disclosed to an EMS Operational Program.

#### Regulation .12 Disclosure Against Public Interest.

*COMAR 30.01.04.12*

If, in the opinion of the official custodian, disclosure of a public record that may otherwise be subject to disclosure under the Public Information Act would do substantial injury to the public interest, the Executive Director 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.

#### Regulation .13 Fees.

*COMAR 30.01.04.13*

A. Fee Schedule.

  (1) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within MIEMSS. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of reproduction.

  (2) Computer Output. If MIEMSS is required to provide computer output, including printed documents or discs, the charge for the computer output is determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs.

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

  (4) Minimal Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less.

B. Notwithstanding §A of this regulation, if the fees for copies, computer output, photographs, or certified copies of a record are specifically required by a law other than the Public Information Act or this regulation, the required fee shall be charged.

C. If the custodian is unable to copy a record within MIEMSS, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside MIEMSS. 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:

  (1) Estimate the cost of reproduction; and

  (2) Either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.

E. Except as provided in §F of this regulation, the official custodian may charge reasonable fees for:

  (1) An official's or an employee's time expended searching for requested records; or

  (2) Any time expended preparing records for inspection and copying.

F. The official custodian may not charge a search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. Upon request, the official custodian may waive or reduce any fee charged under 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.

H. 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.

#### Regulation .14 Time of Inspection.

*COMAR 30.01.04.14*

An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of MIEMSS.

#### Regulation .15 Place of Inspection.

*COMAR 30.01.04.15*

The place of inspection shall be where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines another place of inspection is more suitable and convenient.

### Chapter 05 — Correction or Amendment of Public Records

**Authority:** General Provisions Article, §§4-201(b) and 4-502, Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

**Administrative History:** Regulation .01 amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .02B amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .03 amended effective October 12, 2015 (42:20 Md. R. 1265)

**Administrative History:** Regulation .07C amended effective October 12, 2015 (42:20 Md. R. 1265)

#### Regulation .01 Scope.

*COMAR 30.01.05.01*

This chapter governs procedures for a person in interest to request the correction or amendment of public records under General Provisions Article, §4-502, Annotated Code of Maryland, in the Maryland Institute for Emergency Medical Services Systems (MIEMSS).

#### Regulation .02 Definitions.

*COMAR 30.01.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Custodian” means an authorized individual employed by MIEMSS having physical custody and control of public records of MIEMSS.

  (2) “Person in interest” has the meaning stated in General Provisions Article, §4-101(e), Annotated Code of Maryland.

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

#### Regulation .03 Who May Request.

*COMAR 30.01.05.03*

A person in interest may request that MIEMSS correct or amend any public record under General Provisions Article, §4-502, Annotated Code of Maryland.

#### Regulation .04 Contents of Request.

*COMAR 30.01.05.04*

The person in interest shall request the correction or amendment in writing. Each request shall:

A. Identify the public record the person is seeking to correct or amend;

B. State the precise correction or amendment requested;

C. State the reason the correction or amendment is sought;

D. Include the statement that the public record is, to the belief of the person in interest, currently inaccurate or incomplete; and

E. Represent that the requested correction or amendment will make the public record accurate or complete.

#### Regulation .05 Filing the Request.

*COMAR 30.01.05.05*

A request for correction or amendment of the record shall be filed with MIEMSS 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 Executive Director.

#### Regulation .06 Return of Request.

*COMAR 30.01.05.06*

A request for correction or amendment is considered filed with MIEMSS when received only to the extent that it reasonably complies with Regulation .04 of this chapter. If a request does not reasonably comply with Regulation .04 of this chapter, it shall be returned to the person who filed it with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with MIEMSS.

#### Regulation .07 Response to Request.

*COMAR 30.01.05.07*

Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall:

A. Make the requested correction or amendment and inform the person in interest in writing of the action;

B. Inform the person who made the request in writing of:

  (1) MIEMSS' refusal to make the requested correction or amendment, and

  (2) The reason for the refusal; or

C. Inform the person who made the request in writing that the request will not be acted on because:

  (1) The person who made the request is not a person in interest,

  (2) The record sought to be corrected or amended is not a public record,

  (3) The person who made the request is not entitled to inspect the record under Parts I—IV of the Public Information Act; or

  (4) Of any reason that is authorized by law.

#### Regulation .08 Refusal of Request.

*COMAR 30.01.05.08*

If MIEMSS' final determination under Regulation .07 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .07B of this chapter, the person in interest may file with MIEMSS a concise statement of the reasons for:

A. The requested correction or amendment; and

B. Disagreement with MIEMSS' refusal to make the correction or amendment.

#### Regulation .09 Requirements for Statement of Disagreement.

*COMAR 30.01.05.09*

The statement specified in Regulation .08 of this chapter shall be filed on pages up to 8 1/2 x 11 inches in size. Only one side of the page shall contain the statement. More than 5 pages will not be accepted by MIEMSS in connection with a single request for correction and amendment.

#### Regulation .10 Information Provided to Third Parties.

*COMAR 30.01.05.10*

When MIEMSS discloses to a third party information from public records about which a statement in compliance with Regulations .08 and .09 of this chapter has been filed, MIEMSS shall furnish a copy of the statement to the third party.

#### Regulation .11 Administrative Review.

*COMAR 30.01.05.11*

A. A person who has made a request under this chapter for an amendment or correction may request an administrative review by the EMS Board by filing a request for a hearing with the Executive Director, if the person has been denied:

  (1) An amendment or correction record;

  (2) The right to file a statement; or

  (3) The right to have a statement to a third party forwarded under Regulation .10 of this chapter.

B. A request for a hearing shall be filed within 30 days of the date the person is advised of MIEMSS' action.

C. If a hearing is requested, the hearing shall be conducted by the EMS Board or the Office of Administrative hearings if the EMS Board so elects.

D. The hearing procedures in COMAR 28.02.01 apply.

E. If the hearing is conducted by the Office of Administrative Hearings, the hearing procedures of COMAR 30.02.06.22 and .23 also apply.

F. A person who has requested administrative review may seek judicial review of the EMS Board's final action under State Government Article, §10-222, Annotated Code of Maryland. The EMS Board shall be party to the proceeding.

### Chapter 06 — Declaratory Rulings

**Authority:** State Government Article, §10-304(b), Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 1999 (26:24 Md. R. 1859)

#### Regulation .01 Scope.

*COMAR 30.01.06.01*

This chapter governs the procedures for obtaining a declaratory ruling from the EMS Board.

#### Regulation .02 Definitions.

*COMAR 30.01.06.02*

A. In this chapter, the following term has the meaning indicated.

B. Term 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.

#### Regulation .03 Petition for Declaratory Ruling.

*COMAR 30.01.06.03*

A. A person may file a petition for a declaratory ruling by the EMS Board by delivering a copy of the petition to the Executive Director of MIEMSS.

B. The petition for a declaratory ruling shall:

  (1) Be written; and

  (2) Describe in detail:

    (a) The interest of the person making the request,

    (b) The issues involved,

    (c) A statement of the facts,

    (d) A list of documents or statements which should be considered, and

    (e) A statement under the penalties of perjury by the person requesting the ruling that the facts contained in the petition are true.

#### Regulation .04 Consideration and Disposition.

*COMAR 30.01.06.04*

The EMS Board shall:

A. Consider the petition and may issue the declaratory ruling requested; and

B. Notify the person seeking the ruling in writing of the:

  (1) Action taken, and

  (2) Reasons for the decision.

#### Regulation .05 Publication and Inspection.

*COMAR 30.01.06.05*

A. The EMS Board shall keep a record of each declaratory ruling issued, indexed by reference to statutes or regulations involved.

B. The EMS Board may publish and allow inspection of declaratory rulings of general interest subject to the requirements of law.

#### Regulation .06 Appeal.

*COMAR 30.01.06.06*

A declaratory ruling is subject to judicial review under State Government Article, §10-305, Annotated Code of Maryland. The EMS Board shall be a party to any judicial review.