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14.13.03.00.htm 14.13.03.00. Title 14 INDEPENDENT AGENCIES Subtitle 13 NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY Chapter 03 Public Information Requests Authority: State Government Article, §10-621; Natural Resources Article §3-903(d) and 3-905(b) Annotated Code of Maryland
14.13.03.01.htm 14.13.03.01. 01 General.. These regulations set out procedures for filing requests with the Northeast Maryland Waste Disposal Authority for the inspection and copying of records under the Public Information Act, State Government Article, §10-611―10-628, Annotated Code of Maryland. It is the policy of the Authority to facilitate public access to the records of the Authority, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.
14.13.03.02.htm 14.13.03.02. 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 requesting disclosure of public records.. 3) "Authority" means the Northeast Maryland Waste Disposal Authority.. 4) "Custodian" means and includes the official custodian or any authorized person employed by the Authority having personal c
14.13.03.03.htm 14.13.03.03. 03 Who May Request.. Any person may request to inspect or copy public records of the Authority..
14.13.03.04.htm 14.13.03.04. 04 Necessity for Written 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 public record to the applicant or that a written request will materially assist the Authority in res
14.13.03.05.htm 14.13.03.05. 05 Contents of Written Request.. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the public record sought.
14.13.03.06.htm 14.13.03.06. 06 Filing Written Request.. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Executive Director of the Authority.
14.13.03.07.htm 14.13.03.07. 07 Response to Written 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 custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and immediately upon deciding
14.13.03.08.htm 14.13.03.08. 08 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 public record to the applicant that a request for inspection or copying of the record has been made. The custodian may solicit and consider the viewpoint of that person before deciding whether to disclose the record to the applicant.
14.13.03.09.htm 14.13.03.09. 09 Records Temporarily Unavailable.. If a requested public record 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 promptly notify the applicant that the public record is not immediately available, and schedule a date and hour within a reasonable time for inspection or copying.
14.13.03.10.htm 14.13.03.10. 10 Records Destroyed or Lost.. If a requested record has been destroyed or lost, the custodian to whom the application is made shall promptly notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.
14.13.03.11.htm 14.13.03.11. 11 Review of a 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, within 30 days after receipt of the notice of the denial, request an administrative hearing.B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Executive Director of the Authority and the hearing shall be governed by State Government Article, Title 10, Subtit
14.13.03.12.htm 14.13.03.12. 12 Disclosure Against Public Interest.. A. If, in the opinion of the official custodian, disclosure of any public record that 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 and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the applica
14.13.03.13.htm 14.13.03.13. 13 Fees.. A. The fee schedule for copying and certifying copies of records is as follows:. 1) Copies. The fee for each copy is $25 per page if reproduction is made by a photocopying machine within the Authority. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm) the fee for copies is based on the actual cost of reproduction.2) Certification of Copies. If an applicant requests that a copy of a recor
14.13.03.14.htm 14.13.03.14. 14 Time of Inspection.. An applicant may inspect any public record permitted under the Act and these regulations during the normal working hours of the Authority.
14.13.03.15.htm 14.13.03.15. 15 Place of Inspection.. 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 wish, determines that another place of inspection is more suitable and convenient.
14.13.03.9999.htm 14.13.03.9999. Administrative History Effective date: February 28, 1983 (10:4 Md. R. 316). Chapter revised effective December 11, 2003 (30:24 Md. R. 1744).
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