# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 02 — Powers and Duties — Hearings

### Chapter 05 — Public Information Act Requests

**Authority:** General Provisions Article, Title 4; Insurance Article, §§2-109 and 2-112; Annotated Code of Maryland

**Administrative History:** Effective date: May 22, 1995 (22:10 Md. R. 707)

**Administrative History:** Regulation .09A amended effective April 7, 1997 (24:7 Md. R. 553)

**Administrative History:** Chapter recodified from COMAR 09.31.09 to COMAR 31.02.05 effective September 7, 1998 (25:18 Md. R. 1439)

**Administrative History:** Regulation .01 amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .02B amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .03B amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .04 amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .06 amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .08A amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

**Administrative History:** Regulation .09A amended effective February 12, 2007 (34:3 Md. R. 302)

**Administrative History:** Regulation .09D, F amended as an emergency provision effective November 5, 2015 (42:24 Md. R. 1503); amended permanently effective February 1, 2016 (43:2 Md. R. 128)

#### Regulation .01 General.

*COMAR 31.02.05.01*

These regulations set out procedures for filing requests with the Maryland Insurance Administration for the inspection and copying of records under General Provisions Article, Title 4, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 31.02.05.02*

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

B. Terms Defined.

  (1) “Act” means the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

  (2) “Administration” means the Maryland Insurance Administration.

  (3) “Applicant” means a person or governmental unit that asks to inspect a public record.

  (4) “Custodian” means:

    (a) The official custodian; or

    (b) An authorized person who has physical custody and control of a public record of the Administration.

  (5) “Official custodian” means the Insurance Commissioner of the Maryland Insurance Administration.

  (6) “Public record” means:

    (a) The original or any copy of any documentary material that is made or received by State government in connection with the transaction of public business and is in any form, including a:

      (i) Card;

      (ii) Computerized record;

      (iii) Correspondence;

      (iv) Drawing;

      (v) Film or microfilm;

      (vi) Form;

      (vii) Map;

      (viii) Photograph or photostat;

      (ix) Recording; or

      (x) Tape; or

    (b) A document that lists the salary of an employee of the Administration.

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

#### Regulation .03 Applications.

*COMAR 31.02.05.03*

A. A person or governmental unit may request to the Insurance Commissioner, in writing, to inspect or copy public records of the Administration.

B. A written request shall contain:

  (1) The applicant’s name;

  (2) The applicant’s mailing address or electronic mail address; and

  (3) A brief description of the record sought.

#### Regulation .04 Response to Written Request.

*COMAR 31.02.05.04*

A. If the custodian grants a written request, the custodian shall produce the record for inspection immediately, or within a reasonable period needed to retrieve the public record, not to exceed 30 days after receipt of the written request.

B. If the custodian denies the written request, the custodian shall do so promptly, but not later than 30 days after receipt of the written request. Within 10 working days, the custodian shall provide to the applicant a written statement that gives:

  (1) The reason for the denial and, if the denial is based on General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of why the denial is necessary;

  (2) The legal authority for the denial;

  (3) Without disclosing the protected information, a brief description of the denied public record that will enable the applicant to assess the applicability of the legal authority for the denial; and

  (4) Notice of the remedies as stated in General Provisions Article, §§4-1A-04, 4-1B-04, and 4-362, Annotated Code of Maryland, for review of the denial.

C. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

  (1) The amount of time anticipated to produce the public record;

  (2) An estimate of the range of fees that may be charged to produce the requested public record; and

  (3) The reason for the delay.

D. If the custodian denies the written request, the custodian shall permit inspection of any part of the record that is subject to inspection.

E. The custodian shall deny inspection of all or any part of a public record as provided in General Provisions Article, Title 4, Subtitle 3, Annotated Code of Maryland.

F. With the consent of the applicant, any time limit imposed by §§A and B of this regulation may be extended for an additional period not to exceed 30 days.

#### Regulation .05 Records Temporarily Unavailable.

*COMAR 31.02.05.05*

If a requested public record is in the custody and control of the custodian but is not immediately available for inspection or copying, within 10 working days after mailing the notification of the grant of a written request, the custodian shall notify the applicant and set a date and hour within a reasonable time for inspection or copying, or both.

#### Regulation .06 Review of the Denial.

*COMAR 31.02.05.06*

If the custodian denies a written request, the applicant may file an action with the circuit court pursuant to General Provisions Article, §4-362, Annotated Code of Maryland, without exhausting the administrative remedy under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

#### Regulation .07 Disclosure Against Public Interest.

*COMAR 31.02.05.07*

A. The official custodian may temporarily deny the request in writing, if the official custodian believes the inspection of the public record would cause substantial injury to the public interest.

B. Within 10 working days of the denial, the official custodian shall petition the appropriate circuit court for an order permitting continued denial or restriction of access.

C. Notice of the application filed with the circuit court shall be served on the applicant as provided for service of process by the Maryland Rules of Procedure.

#### Regulation .08 Inspection of Insurance Licensing Data for Compelling Public Purpose.

*COMAR 31.02.05.08*

A. If a compelling public purpose exists under General Provisions Article, §4-333(c)(1), Annotated Code of Maryland, the custodian may permit inspection of insurance licensing data, including the application record, on individuals other than that data specified under General Provisions Article, §4-333(b), Annotated Code of Maryland, as set forth in this regulation.

B. Complaints, including the number, nature, and administrative status of the complaints, against the individual who is the subject of the insurance licensing record may be disclosed if the person requesting the disclosure:

  (1) Has entered into a contract or is employing the services of the insurance licensee who is the subject of the request;

  (2) Contemplates entering into a contract or employing the services of the insurance licensee who is the subject of the request;

  (3) Has filed a complaint against the individual who is the subject of the insurance licensing record and the request is limited to those documents relating to this complaint.

C. A document relating to insurance licensing data, including the application record, on the individual who is the subject of the insurance licensing record may be disclosed if the person requesting the disclosure is affiliated with:

  (1) A federal, state, local, or other law enforcement agency, and has requested the inspection for law enforcement or prosecutorial purposes; or

  (2) An out-of-State insurance department where the insurance licensee is licensed, has sought licensure, or is believed to be conducting an insurance business without a license.

#### Regulation .09 Fees.

*COMAR 31.02.05.09*

A. The fee schedule for copies of records is as follows:

  (1) Copies. The fee for each copy is 20 cents per page if reproduction is made by a photocopying machine within the Administration. If records are not susceptible to photocopying (for example, punch cards, magnetic tape, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction.

  (2) Diskettes. The fee for each reproduction made on compact disc or other type of diskette is $5.

  (3) Minimum Fee Charged. Except as provided in §A(2) of this regulation, if the total amount of the fee is $5 or less, there is no charge.

B. If the official custodian is unable to copy a record within the Administration:

  (1) The official custodian shall make arrangements for the reproduction of the record at facilities outside the Administration; and

  (2) 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.

C. Before copying a record, the official 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.

D. Except as provided in §E of this regulation, the official custodian may charge reasonable fees for the search for, preparation of, and reproduction of a public record prepared, on request of the applicant, in customized format; and the actual costs of the search for, preparation, and reproduction of a public record in standard format, including media and mechanical processing costs. The staff and attorney review costs included in the calculation of such actual costs shall be prorated to reflect each individual’s salary and actual time attributable to the search for and preparation of a public record under this section.

E. 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.

F. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the applicant asks for a waiver, is indigent, and files an affidavit of indigency; or, if after consideration of the ability of the applicant to pay the fee and other relevant factors, the official custodian determines that the waiver would be in the public interest.

G. If the applicant requests that copies be mailed or delivered to the applicant, the official custodian may charge the applicant for the cost of postage or delivery to the applicant.

#### Regulation .10 Inspection.

*COMAR 31.02.05.10*

A. Time of Inspection. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Insurance Administration.

B. Place of Inspection. 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.