Plain Text Law

Chapter 03. Open Meetings—Attendance, Recording, Photographing, and Broadcasting of Sessions

Regulation .01 Definition.Copy Citation

“Public body” means the entity defined in State Government Article, §10-502(h), Annotated Code of Maryland.

Regulation .02 Public Attendance.Copy Citation

A.
At any open session of a public body of the Department of Aging, the general public is invited to attend and observe.
B.
Except in instances when a public body of the Department on Aging expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

Regulation .03 Disruptive Conduct.Copy Citation

A.
Prohibition. An individual attending an open session of a public body of the Department of Aging may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that 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 persists in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of the open session, to be removed from the session;
(2)
Request police assistance to restore order; and
(3)
Recess the session while order is restored.

Regulation .04 Recording, Photographing, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including a representative of the news media, may record discussions of a public body of the Department of Aging at an open session by means of a tape recorder or any other recording device, if the:
(1)
Device does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(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 a public body of the Department of Aging at an open session by means of any type of camera if the camera:
(1)
Is operated without excessively bright artificial light that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(3)
Does not otherwise interfere with an individual's observation of or participation in the session; and
(4)
Is used openly so that it is obvious to those in attendance that the session is being recorded.
C.
A representative of the news media may broadcast or televise the proceedings of a public body of the Department of Aging at an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(3)
Does not otherwise interfere with an individual's observation of or participation in the session; and
(4)
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.
E.
A public body of the Department of Aging may require that an individual who intends to record, photograph, videotape, broadcast, or televise an open session register in advance of the beginning of the meeting.

Regulation .05 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public or any transcript derived from this recording is not considered a part of the record of any proceeding of a public body of the Department of Aging.
Chapter annotations
Authority: State Government Article, §10-507(b), Annotated Code of Maryland
History: Effective date: September 12, 1994 (21:18 Md. R. 1512)
History: Chapter recodified from COMAR 14.11.08 to COMAR 32.01.03, October 2000