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09.01.04.00.htm 09.01.04.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 01 OFFICE OF THE SECRETARY Chapter 04 Public Information Act Requests Authority: Business Regulation Article, §2-105; General Provisions Article, Title 4; Annotated Code of Maryland
09.01.04.01.htm 09.01.04.01. 01 General.. A. These regulations set out procedures for filing requests with the Maryland Department of Labor (the Department) for the inspection and copying of records under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.B. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.
09.01.04.02.htm 09.01.04.02. 02 Definitions.. A. Unless otherwise noted, the definitions set forth in General Provisions Article, Title 4, Annotated Code of Maryland, apply in this chapter.B. "Custodian" means the Secretary of the Department or the Secretary’s designee employed by the Department who has personal custody and control of public records of the Department.C. ”PIA Coordinator” means the Department employee who is responsible for accepting, monitoring, and, with advice from the De
09.01.04.03.htm 09.01.04.03. 03 Who May Request.. Any person may request to inspect or copy public records of the Department..
09.01.04.04.htm 09.01.04.04. 04 Request to Inspect a Public Record.. A. Necessity for Written Request. Except as otherwise provided in General Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall require a written request via regular or electronic means from a person or governmental unit that wishes to inspect a public record.B. Contents of Written Request. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonab
09.01.04.05.htm 09.01.04.05. 05 Response to Written Request.. A. Decision to Grant a Request.. 1) If the custodian decides to grant a written request for inspection, the custodian shall be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the request was received.2) If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writ
09.01.04.06.htm 09.01.04.06. 06 Electronic Records.. A. Except as provided in §C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:1) The public record is in a searchable and analyzable electronic format;. 2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchabl
09.01.04.07.htm 09.01.04.07. 07 Public Records Destroyed or Lost.. If the custodian is aware that a requested public record of the Department has been destroyed or lost, the custodian shall within a reasonable time notify the applicant that the public record is not available and explain the reasons why the public record cannot be produced.
09.01.04.08.htm 09.01.04.08. 08 Review of the Denial.. A. If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §B and C of this regulation.B. If the custodian charges a fee of more than $350 under Regulation .12 of this chapter, the applicant may, within 90 days after the date the fee is
09.01.04.09.htm 09.01.04.09. 09 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.2) A temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the Se
09.01.04.10.htm 09.01.04.10. 10 Time and Place of Inspection.. A. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.B. The place of inspection shall be the place where the public record is located, unless the custodian, after taking into account the applicant’s expressed preferences, determines that another place of inspection is more suitable and convenient.
09.01.04.11.htm 09.01.04.11. 11 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose.. A. A compelling public purpose shall be deemed to exist under General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing records within the Department may permit the right of inspection of occupational and professional licensing data on individual persons other than that data specified under General Provisio
09.01.04.12.htm 09.01.04.12. 12 Fees.. A. The fee schedule for copying and certifying copies of records is as follows:. 1) Copies.. a) The fee for each copy made is 25 cents per page if reproduction is made by a standard printer or photocopying or scanning machine within the Department;b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.. 2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fe
09.01.04.13.htm 09.01.04.13. 13 Sociological Information.. A. Definition. For purposes of this regulation and as provided for under General Provisions Article, §4-330, Annotated Code of Maryland, "sociological information" means any of the following information requested from the Department:1) Social Security number;. 2) Personal address;. 3) Personal phone number;. 4) Information regarding marital status, dependents, or relatives; and.
09.01.04.9999.htm 09.01.04.9999. Administrative History Effective date:. Regulations .01―16 adopted as an emergency provision effective August 6, 1982 (9:18 Md. R. 1795) emergency status extended at 10:1 Md. R. 19; adopted permanently effective February 4, 1983 (10:2 Md. R. 109)Regulation .13 amended effective January 14, 1985 (12:1 Md. R. 16). Regulation .13B amended effective July 28, 2008 (35:15 Md. R. 1348). Regulation .14A amended effective February 3, 1992 (19:2 Md. R. 154). Regulation .17 adopted as
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