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<chapter num="03" heading="Open Meetings—Attendance, Recording, Photographing, and Broadcasting of Sessions" title_num="32" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="Definition.">
    <text>“Public body” means the entity defined in State Government Article, §10-502(h), Annotated Code of Maryland.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Public Attendance.">
    <paragraph num="A.">
      <text>At any open session of a public body of the Department of Aging, the general public is invited to attend and observe.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Disruptive Conduct.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Action to Restore Order. The presiding officer may:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Request police assistance to restore order; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Recess the session while order is restored.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Recording, Photographing, and Broadcasting of Open Sessions.">
    <paragraph num="A.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Device does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Recording is done openly so that it is obvious to those in attendance that the session is being recorded.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Is used openly so that it is obvious to those in attendance that the session is being recorded.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Is used openly so that it is obvious to those in attendance that the session is being broadcast or televised.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Recordings Not Part of Record.">
    <text>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.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">State Government Article, §10-507(b), Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: September 12, 1994 (21:18 Md. R. 1512)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter recodified  from COMAR 14.11.08 to COMAR 32.01.03, October 2000</annotation>
  </annotations>
</chapter>