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33.04.01.00.htm 33.04.01.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 04 INSPECTION AND COPYING OF PUBLIC RECORDS Chapter 01 In General Authority: Election Law Article, §2-102(b)4) 3-204.1, and 3-506(a)2) General Provisions Article, §4-201(b) 4-301, and 4-206; Annotated Code of Maryland
33.04.01.01.htm 33.04.01.01. 01 Purpose.. 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.
33.04.01.02.htm 33.04.01.02. 02 Definitions.. 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" m
33.04.01.03.htm 33.04.01.03. 03 Who, When, and Where.. 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..
33.04.01.04.htm 33.04.01.04. 04 Inspection Without Written Request.. 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:
33.04.01.05.htm 33.04.01.05. 05 When Written Request Is Required.. 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; or2) 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
33.04.01.06.htm 33.04.01.06. 06 Filing Written Request.. The applicant shall address a written request for a record of the board to the custodian of the record.
33.04.01.07.htm 33.04.01.07. 07 Response to Request.. 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; and3) If he or she is the custodian of the requested records:. a) Grant the application, in whole or in part, in accordance with General P
33.04.01.07-1.htm 33.04.01.07-1. 07-1 Personal Identification Number.. A personal identification number is not subject to public disclosure and may be used only for voter registration purposes.
33.04.01.08.htm 33.04.01.08. 08 Notice to Persons Affected by Disclosure.. 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 r
33.04.01.09.htm 33.04.01.09. 09 Review of Denial.. 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; or2) File an action in circuit court under General Provisions Article, §4-362, Annotated Code of Maryland.
33.04.01.10.htm 33.04.01.10. 10 Fees.. 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 fea) Searching for requested records; and.
33.04.01.9999.htm 33.04.01.9999. Administrative History Effective date:. 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)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)Regulation .07A amended effective February 29, 2016 (43:4 Md. R. 334).
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