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08.01.06.00.htm 08.01.06.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 01 OFFICE OF THE SECRETARY Chapter 06 Public Information Act Requests Authority: Natural Resources Article, §1-104; State Government Article, §10-613; Annotated Code of Maryland
08.01.06.01.htm 08.01.06.01. 01 Scope.. This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, § 10-611-10-628, Annotated Code of Maryland, which are maintained by the Department of Natural Resources. These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with State Government Article, § 10-611-10-628, Annotated Code of Mar
08.01.06.02.htm 08.01.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means an individual or governmental unit that requests the inspection and reproduction of a public record.2) "Custodian" means the official custodian who is an officer or employee of the Department, or of a political subdivision, who is responsible for keeping the public record, whether the officer or employee has physical custody and control of a public record.
08.01.06.03.htm 08.01.06.03. 03 Request for Public Record.. A. An applicant may request to inspect or copy public records of the Department.. B. An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian.
08.01.06.04.htm 08.01.06.04. 04 Contents of Request.. A written request shall:. A. Contain an applicant's name, address, and phone number;. B. Be signed by the applicant; and. C. Identify by brief description the public record requested..
08.01.06.05.htm 08.01.06.05. 05 Filing Request.. A written request shall be addressed to the custodian of the record by using the custodian's name or title, and to the unit and program maintaining the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary, and shall include as much identifying information about the request as possible.
08.01.06.06.htm 08.01.06.06. 06 Response to Request.. A. If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request.B. If the custodian denies the written request, the custodian shall do so within 30 days of receipt of the written request. The custodian shall immediately notify the applicant of the denial, and within 10 working days of the
08.01.06.07.htm 08.01.06.07. 07 Public Records Temporarily Unavailable.. If the requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying.
08.01.06.08.htm 08.01.06.08. 08 Public Records Destroyed or Lost.. If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of the reasons why the record cannot be produced.
08.01.06.09.htm 08.01.06.09. 09 Review of Denial.. A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request.B. Hearing Procedures.. 1) If an applicant requests a hearing, the hearing shall be conducted by the Secretary, an administr
08.01.06.10.htm 08.01.06.10. 10 Disclosure Against Public Interest.. If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, § 10-611-10-628, Annotated Code of Maryland, would do substantial injury to the public interest, the custodian may temporarily deny the request, and within 10 working days of the denial, petition the appropriate circuit court for an order permitting continued denial or restriction of access. Th
08.01.06.11.htm 08.01.06.11. 11 Fees.. A. Fee Schedule for Certifying and Copying a Record.. 1) Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Department. If the public records are not susceptible to photocopying, for example, punch cards, magnetic tapes, drawings, maps, blueprints, microfilm slides, or photographs, the fee for copies is based on the actual cost of reproduction, as determined by the custodian.
08.01.06.12.htm 08.01.06.12. 12 Waiver or Reduction of Fees.. A. The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the:1) Item requested is promotional in nature or is routinely distributed to the public;. 2) Item may be reproduced free of charge; or. 3) Applicant is unable to pay for the costs of reproduction.. B. The decision of the custodian to waive or reduce a fee is within the sole discretion of the custodian, and the decision is final.
08.01.06.9999.htm 08.01.06.9999. Administrative History Effective date: July 6, 1992 (19:13 Md. R. 1201). Regulation .06G adopted effective October 14, 2002 (29:20 Md. R. 1586). Regulation .09B amended effective April 5, 2010 (37:7 Md. R. 569).
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