Chapter 01. In General
Regulation .01 Purpose.LinkCopy Citation
This chapter sets out the procedures for the filing of requests with a board for the inspection and copying of records under the Act. It is the policy of the State Board to facilitate access to public records 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)
“Act” means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.
(2)
“Applicant” means a person who asks to inspect a public record.
(3)
“Board office” means the office of the State Board or of a local board.
(4)
“Custodian” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(5)
“Official custodian” means the following individual, whether or not that individual has physical custody and control of the record:
(a)
For records of the State Board, the State Administrator; and
(b)
For records of a local board, the election director of that board.
(6)
“Personal identification number” means:
(a)
The Motor Vehicle Administration (MVA) identification number of an individual having a Maryland driver's license or an MVA identification card;
(b)
The date the MVA issued a Maryland driver’s license or an MVA identification card;
(c)
An individual's full, nine-digit Social Security number; or
(d)
The last four digits of an individual’s Social Security number.
(7)
“Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(8)
“Sociological information” means:
(a)
Date of birth;
(b)
Driver’s license number;
(c)
Information regarding citizenship status;
(d)
Information regarding gender;
(e)
Personal phone number;
(f)
Personal email address;
(g)
Social security number;
(h)
Voter identification number; and
(i)
Polling place assistance status..
Regulation .03 Who, When, and Where.LinkCopy Citation
A.
Who May Request. Any person may request to inspect or copy a public record that is in the custody and control of the State Board or a local board.
B.
Time of Inspection. An applicant may inspect a public record during the hours of 9 a.m. to 4 p.m. on any day the office is open except:
(1)
On an election day;
(2)
On a candidate filing deadline day; or
(3)
When the State Administrator determines that public inspections are not feasible.
C.
Place of Inspection. The inspection shall take place where the document is located, unless the custodian determines that another place is more suitable and convenient.
Regulation .04 Inspection Without Written Request.LinkCopy Citation
A.
In General. Except as specified in Regulation .05 of this chapter, a custodian shall make public records available for inspection without requiring a written request.
B.
Log of Persons Inspecting.
(1)
Each office shall maintain a “Log of Persons Inspecting Board Records”, in a form approved by the State Administrator.
(2)
When an applicant appears at the office to inspect any records, the custodian shall require the applicant to:
(a)
Identify himself or herself;
(b)
Enter into the log:
(i)
His or her name;
(ii)
His or her address and telephone number;
(iii)
Organization represented, if any; and
(iv)
A brief description of the records being inspected; and
(c)
Sign the log entry.
Regulation .05 When Written Request Is Required.LinkCopy Citation
A.
In General. A written request is required whenever the custodian reasonably believes that:
(1)
The Act or any other law or regulation might require or authorize the custodian to deny inspection of the record or of specific information in the record; or
(2)
A written request will materially assist the office in responding to the request.
B.
For Copies. The custodian may require a written request if the applicant is requesting a copy of a public record.
C.
Contents of Written Request. A written request shall:
(1)
Reasonably identify by brief description the record sought;
(2)
Contain the applicant's name, address, telephone number, and organization represented; and
(3)
Be signed by the applicant.
Regulation .06 Filing Written Request.LinkCopy Citation
The applicant shall address a written request for a record of the board to the custodian of the record.
Regulation .07 Response to Request.LinkCopy Citation
A.
In General. Within the time limits and in the manner prescribed by the Act, a custodian shall:
(1)
Respond in writing to a written request;
(2)
If he or she is not the custodian of the requested records, so notify the applicant as provided in General Provisions Article, §4-202(c), Annotated Code of Maryland; and
(3)
If he or she is the custodian of the requested records:
(a)
Grant the application, in whole or in part, in accordance with General Provisions Article, §§4-203 and 4-205, Annotated Code of Maryland;
(b)
Deny the application, in whole or in part, as required or authorized by General Provisions Article, Subtitle 3, Annotated Code of Maryland, and this subtitle, in accordance with General Provisions Article, §4-203, Annotated Code of Maryland; or
(c)
If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with General Provisions Article, §4-358, Annotated Code of Maryland.
B.
Sociological Information.
(1)
Except for use in carrying out a custodian's governmental functions, a custodian may not disclose under the Act, and shall deny a request for inspection or copying of, any part of a public record that contains sociological information relating to an individual.
(2)
A custodian may disclose sociological information:
(a)
To the person in interest or the agent or representative of the person in interest;
(b)
Pursuant to a duly issued subpoena;
(c)
Pursuant to a court order; or
(d)
If disclosure is otherwise required by law.
C.
Entry Into Log. On disposition of a written request, the custodian shall record in the log maintained under Regulation .04 of this chapter the:
(1)
Information required by that regulation; and
(2)
Disposition of the request.
Regulation .07-1 Personal Identification Number.LinkCopy Citation
A personal identification number is not subject to public disclosure and may be used only for voter registration purposes.
Regulation .08 Notice to Persons Affected by Disclosure.LinkCopy Citation
A.
Notice. 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.
B.
Consideration of Views. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle.
Regulation .09 Review of Denial.LinkCopy Citation
A.
Right to Review. Except for a temporary denial under General Provisions Article, §4-358, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may:
(1)
Within 30 days after receiving notice of the denial, request an administrative hearing under General Provisions Article, §4-1B-04, Annotated Code of Maryland; or
(2)
File an action in circuit court under General Provisions Article, §4-362, Annotated Code of Maryland.
B.
Conduct of Administrative Hearing. If the applicant requests an administrative hearing, the board shall:
(1)
Provide the hearing promptly; and
(2)
Conduct the hearing as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 33.04.02.
Regulation .10 Fees.LinkCopy Citation
A.
In General.
(1)
Except as provided in §A(2) of this regulation, the fee schedule for all board offices is as provided in this regulation.
(2)
If the fee for a copy, printout, photograph, or certification of any record is specified by law, the specified fee governs over the fees in this regulation.
B.
Search and Preparation Time.
(1)
Except as provided in §B(2) of this regulation, the official custodian may charge a reasonable fee for time spent:
(a)
Searching for requested records; and
(b)
Preparing records for inspection and copying.
(2)
The official custodian may not charge a fee for the first 2 hours needed to search for a record and prepare it for inspection.
C.
Photocopying.
(1)
If the applicant does the copying on an office machine, the charge is not more than 25 cents a page.
(2)
If an office employee does the copying on an office machine, the charge is 25 cents a page, plus $8 an hour for any copying that requires more than 10 minutes of the employee's time.
D.
Other Reproductions.
(1)
When records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be at actual cost, determined on a case-by-case basis.
(2)
If the applicant receives a copy of records on a diskette, the charge is $2 per diskette.
(3)
If the custodian is unable to copy a record within the office, the custodian shall make arrangements for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be at actual cost, determined on a case-by-case basis.
E.
Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification.
F.
Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproducing it and obtain the applicant's agreement to pay this cost. The custodian may require the applicant to prepay the estimated cost by certified check or cash.
G.
Waiver or Reduction. On an applicant's request, the custodian may waive or reduce any fee imposed under this chapter if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest.
H.
Returned Checks. The fee for a check returned by a bank for any reason is the cost of the fee charged by the bank to the local board.
Chapter annotations
Authority: : Election Law Article, §§2-102(b)(4), 2-202(b), 3-204.1, and 3-506(a)(2); General Provisions Article, §§4-201(b), 4-206, 4-301, and 4-330;
Annotated Code of Maryland
Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.10 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 580); adopted permanently effective April 17, 2000 (27:7 Md. R. 708)
History: Regulation .02B amended effective November 24, 2003 (30:23 Md. R. 1654); September 16, 2013 (40:18 Md. R. 1479); December 23, 2013 (40:25 Md. R. 2073); February 29, 2016 (43:4 Md. R. 334); January 6, 2025 (51:26 Md. R. 1187)
History: Regulation .07 amended effective January 6, 2025 (51:26 Md. R. 1187)
History: Regulation .07A amended effective February 29, 2016 (43:4 Md. R. 334)
History: Regulation .07-1 adopted effective November 24, 2003 (30:23 Md. R. 1654)
History: Regulation .09A amended effective February 29, 2016 (43:4 Md. R. 334)
History: Regulation .10H amended as an emergency provision effective July 23, 2008 (35:17 Md. R. 1483); amended permanently effective September 22, 2008 (35:19 Md. R. 1718)