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14.09.16.00.htm 14.09.16.00. Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS' COMPENSTION COMMISSION Chapter 16 Public Information Act Requests Authority: General Provisions Article, §4-101―4-601; Labor and Employment Article, §9-309(a) Annotated Code of Maryland
14.09.16.01.htm 14.09.16.01. 01 Scope.. This chapter sets out procedures under the Public Information Act for filing and processing requests to the Workers' Compensation Commission for the inspection and copying of public records of the Commission.
14.09.16.02.htm 14.09.16.02. 02 Policy.. It is the policy of the Commission to facilitate access to the public records of the Commission, if access is allowed by law, by minimizing costs and time delays to applicants.
14.09.16.03.htm 14.09.16.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Act” means the Public Information Act, General Provisions Article, §4-101―4-601, Annotated Code of Maryland.2) "Applicant" means a person or governmental unit that asks to inspect a public record.. 3) "Chairman" means the Chairman of the Workers' Compensation Commission.. 4) "Commission" means the Workers' Compensation Commission.. 5) "Custodian" means an a
14.09.16.04.htm 14.09.16.04. 04 Chairman as Official Custodian.. Unless otherwise provided by law, the Chairman is the official custodian of the public records of the Commission.
14.09.16.05.htm 14.09.16.05. 05 Request for Public Records.. Any person may request to inspect or copy public records of the Commission..
14.09.16.06.htm 14.09.16.06. 06 Necessity for Written Request.. A. Inspection.. 1) Except as otherwise provided in this chapter, the custodian shall make public records of the Commission 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:. a) The Act or any other law may prevent the disclosure of the public record to the applicant; or.
14.09.16.07.htm 14.09.16.07. 07 Contents of Written Request.. A written request shall:. A. Contain the applicant's name and address;. B. Be signed by the applicant; and. C. Reasonably identify, by brief description, the public record sought..
14.09.16.08.htm 14.09.16.08. 08 Addressee.. A request to inspect or copy a public record of the Commission shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Chairman.
14.09.16.09.htm 14.09.16.09. 09 Response to Request.. A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:1) Immediately; or. 2) Within a reasonable time period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.B. Denial of Request.. 1) If the custodian decides to deny a request for inspection, the custodian shall:.
14.09.16.10.htm 14.09.16.10. 10 Notice to Person Potentially Affected by Disclosure.. A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Commission to any person who, in the judgment of the custodian, could be adversely affected by disclosure of that public record.B. The custodian may consider the views of the potentially affected person before deciding whether to disclose the public record to an applicant.
14.09.16.11.htm 14.09.16.11. 11 Public Record Temporarily Unavailable.. If a requested public record of the Commission is in the custody and control of the person to whom application is made but is not immediately available for inspection or copying, the custodian shall promptly:A. Notify the applicant that the public record is not immediately available; and. B. Schedule a date within a reasonable time for inspection or copying..
14.09.16.12.htm 14.09.16.12. 12 Public Record Destroyed or Lost.. If the person to whom application is made knows that a requested public record of the Commission has been destroyed or lost, that person shall promptly:A. Notify the applicant that the public record is not available; and. B. Explain the reasons why the public record cannot be produced..
14.09.16.13.htm 14.09.16.13. 13 Review of Denial.. If the custodian denies a request to inspect or copy a public record of the Commission, the applicant, within 30 days after receipt of the notice of denial, may file an appropriate action in the circuit court under the Act.
14.09.16.14.htm 14.09.16.14. 14 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Chairman, disclosure of a public record of the Commission otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Chairman may temporarily deny the request to obtain a court order allowing nondisclosure.2) The temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the Ch
14.09.16.15.htm 14.09.16.15. 15 Fees.. A. The fee schedule for copying and certifying copies of public records of the Commission is provided in §B and C of this regulation.B. Copies.. 1) The fee for each copy made by a photocopying machine within the Commission is 50 cents per page.. 2) The fee for each copy made otherwise shall be based on the actual cost of reproduction.. C. Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fe
14.09.16.16.htm 14.09.16.16. 16 Time and Place of Inspection.. A. An applicant may inspect any public record of the Commission that the applicant is entitled to inspect during the normal working hours of the Commission.B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant's expressed wish, determines that another place is more suitable and convenient.
14.09.16.9999.htm 14.09.16.9999. Administrative History Effective date: March 15, 2004 (31:5 Md. R. 451) ―. Chapter recodified from COMAR 14.09.09, Public Information Act Requests, to COMAR 14.09.16, Public Information Act Requests, effective March 3, 2014 (41:4 Md. R. 304)Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487). Regulation .13 amended effective March 16, 2015 (42:5 Md. R. 487).
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