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11.01.13.00.htm 11.01.13.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 13 Release of Public Records Authority: State Government Article, §10-611―10-623, Annotated Code of Maryland
11.01.13.01.htm 11.01.13.01. 01 General.. These regulations set out the procedures for the filing of requests with the Department of Transportation for the inspection and copying of records under State Government Article, §10-611―10-628, Annotated Code of Maryland. 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.
11.01.13.02.htm 11.01.13.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Public Information Act, State Government Article, §10-611―10-628, Annotated Code of Maryland.2) "Applicant" means a person or government unit that asks to inspect a public record.. 3) "Custodian" means an authorized person employed by the Department having physical custody and control of public records of the Department.
11.01.13.03.htm 11.01.13.03. 03 Who May Request.. Any person may request to inspect or copy any public record that is in the custody and control of the Department.
11.01.13.04.htm 11.01.13.04. 04 Form of Request.. A. Inspections.. 1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.
11.01.13.05.htm 11.01.13.05. 05 Filing the Written Request.. A. A written request shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary or to the appropriate official custodian.B. Official custodians and custodians shall coordinate their responses to all requests for public records received from the media with the appropriate public affairs officer to ensure that these requests are handled in a mann
11.01.13.06.htm 11.01.13.06. 06 Response to Request.. A. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, when that period of time is needed to retrieve the information.B. If the official custodian decides to deny the written request, the official custodian shall do so within 30 days of the written request and, immediately upon deciding to de
11.01.13.07.htm 11.01.13.07. 07 Notification of Persons Who May Be Affected by Disclosure.. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.
11.01.13.08.htm 11.01.13.08. 08 Repealed..
11.01.13.09.htm 11.01.13.09. 09 Records Temporarily Unavailable.. If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.
11.01.13.10.htm 11.01.13.10. 10 Records Destroyed or Lost.. If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances why the record cannot be produced.
11.01.13.11.htm 11.01.13.11. 11 Review of the Denial.. A. If the written request is denied by the official custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.B. If a hearing is requested by the applicant, the hearing shall be conducted by the Office of Administrative Hearings pursuant to a delegation from the Secretary and the hear
11.01.13.12.htm 11.01.13.12. 12 Disclosure Against Public Interest.. If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the official custodian t
11.01.13.13.htm 11.01.13.13. 13 Fees.. A. The fee schedule for reproducing public records of the Department is as follows:. 1) Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. However, when records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be determined on a case-by-case basis at actual cost.2) Printed Material. The
11.01.13.14.htm 11.01.13.14. 14 Time of Inspection.. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
11.01.13.15.htm 11.01.13.15. 15 Place of Inspection.. The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.
11.01.13.9999.htm 11.01.13.9999. Administrative History Effective date: December 26, 1980 (7:26 Md. R. 2422). Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609) August 6, 1990 (17:15 Md. R. 1861) August 7, 2000 (27:15 Md. R. 1401)Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861). Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609). Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822) August 7, 2000 (27:15 Md. R. 1401)
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