Chapter 04. Procedures for Access to Public Records
Regulation .01 Scope.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
Any person may request to inspect or copy public records of MIEMSS.
Regulation .04 Necessity for Written Request.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: General Provisions Article, §4-201(b), Annotated Code of Maryland
History: Effective date: December 15, 1999 (26:24 Md. R. 1859)
History: Regulation .01 amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .02B amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .07B amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .11E, F amended effective October 12, 2015 (42:20 Md. R. 1265)
History: Regulation .11-1 adopted effective December 19, 2005 (32:25 Md. R. 1944)