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13b.04.03.00.htm 13B.04.03.00. Title 13B MARYLAND HIGHER EDUCATION COMMISSION Subtitle 04 RULES OF PROCEDURE Chapter 03 Access to Public Records Authority: Education Article, § 11-105(s) State Government Article, § 10-613(b) Annotated Code of Maryland
13b.04.03.01.htm 13B.04.03.01. 01 Purpose.. These regulations set forth procedures for the disclosure, inspection, or copying of records maintained by the Maryland Higher Education Commission. It is the policy of the Maryland Higher Education Commission to facilitate public access to the Commission's records when access is allowed by law.
13b.04.03.02.htm 13B.04.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means State Government Article, § 10-611-10-628, Annotated Code of Maryland.. 2) "Commission" means the Maryland Higher Education Commission, its advisory councils, its committees, any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission, the Maryland State Scholarship Administration, and any employe
13b.04.03.03.htm 13B.04.03.03. 03 Requests to Inspect or Copy Records.. A. A person or governmental unit may request access to inspect or copy public records of the Commission.B. A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian.
13b.04.03.04.htm 13B.04.03.04. 04 Necessity for Written Request.. A. The custodian may make public records available for inspection or copying, or both, to a requester without a written request.B. Written requests are required when the custodian reasonably believes that:. 1) A written application will facilitate the Commission in responding to the request; or. 2) The Act or any other law may prohibit disclosure of the public record or parts of it.. C. The custodian may require a written request whe
13b.04.03.05.htm 13B.04.03.05. 05 Contents of Written Request.. A written request shall:. A. Contain the requester's name and address;. B. Reasonably identify the public record sought; and. C. Be signed by the requester..
13b.04.03.06.htm 13B.04.03.06. 06 Response to Written Request.. A. If a requested public record is not in the custody or control of the person to whom the written request is made, that person shall, within 10 working days of the receipt of the request:1) Notify the requester of that fact;. 2) Relate to the requester the identity or location, or possible location, of the custodian, if known; and3) Forward the request to the custodian, if known.. B. If the custodian decides to grant a written req
13b.04.03.07.htm 13B.04.03.07. 07 Notification of Persons in Interest.. A. The custodian, unless prohibited by law, may notify a person in interest who is the subject of a public record that a request for inspection or copying of that record has been received.B. In determining whether to notify the person in interest of the pending request, the custodian shall take into account a request from the person in interest, submitted simultaneously with information submitted to the Commission, that the informatio
13b.04.03.08.htm 13B.04.03.08. 08 Disclosure of Student Educational Records.. A. The Commission shall regularly collect, in accordance with its mandated responsibilities, information on students enrolled in secondary and postsecondary institutions within the State. This information shall be collected on an aggregated or summary basis, but the Commission may collect data on an individual basis for the purpose of evaluating and improving the instruction provided by the educational system of the State.
13b.04.03.09.htm 13B.04.03.09. 09 Disclosure of Scholarship and Financial Aid Information.. A. The Commission shall provide upon request a list of scholarship recipients for all programs that it administers that are not required by law to be based wholly or in part on financial need.B. The lists of scholarship recipients shall be by program, and shall contain names and city, county, or legislative district, as appropriate. Otherwise, all personally identifiable scholarship and financial aid information h
13b.04.03.10.htm 13B.04.03.10. 10 Sociological Information.. A. Except as provided in Regulations .08 and .09 of this chapter and §B of this regulation, the custodian may not disclose sociological information to a requester.B. The custodian may disclose sociological information under the following circumstances:. 1) To the person in interest;. 2) Pursuant to an issued subpoena;. 3) Disclosure which is otherwise required by law; or.
13b.04.03.11.htm 13B.04.03.11. 11 Records Destroyed or Lost.. If a requested record has been destroyed or lost, the custodian to whom the request is made shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request. The custodian shall explain in the response the reasons why the record cannot be produced.
13b.04.03.12.htm 13B.04.03.12. 12 Records Temporarily Unavailable.. If a requested record is temporarily unavailable, the custodian shall notify the requester of this fact as soon as possible and within 30 days of receipt of the request, and shall explain in the response the reason why the record is temporarily unavailable and relate the date on which the record is expected to become available.
13b.04.03.13.htm 13B.04.03.13. 13 Review of a Denial.. A. If the custodian denies a written request for a reason other than that the record is destroyed, lost, or temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing.B. If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court in accordance with State Government Arti
13b.04.03.14.htm 13B.04.03.14. 14 Disclosure Against Public Interest.. If, in the opinion of the Secretary, disclosure of a public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing, and shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the Secretary to continue to deny or restrict the disclosure. Notice of the app
13b.04.03.15.htm 13B.04.03.15. 15 Fees.. A. Fee Schedule.. 1) The Commission may charge reasonable fees in accordance with the fee schedule in §A(2)4) of this regulation.2) Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Commission. When records are not reasonably amenable to photocopying within the Commission, the fee for reproducing the record is based on the actual cost of reproduction.3) Certification of Copies. When a person requests
13b.04.03.16.htm 13B.04.03.16. 16 Time of Inspection.. A requester may inspect a public record to which access is granted during the normal working hours of the Commission.
13b.04.03.17.htm 13B.04.03.17. 17 Place of Inspection.. The place of inspection is the place where the document is located unless the custodian determines that another place of inspection is more suitable.
13b.04.03.18.htm 13B.04.03.18. 18 Corrections of Public Record.. A. A person in interest may request the Commission to correct inaccurate or incomplete information in a public record that:1) Is maintained by the Commission; and. 2) The person in interest is authorized to inspect.. B. Contents of Request. A request under this regulation shall:. 1) Be in writing;. 2) Describe the requested change precisely; and. 3) State the reasons for the change.. C. Action on Request..
13b.04.03.9999.htm 13B.04.03.9999. Administrative History Effective date: October 11, 1993 (20:20 Md. R. 1573).
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