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14.27.04.00.htm 14.27.04.00. Title 14 INDEPENDENT AGENCIES Subtitle 27 MARYLAND ENVIRONMENTAL SERVICE Chapter 04 Public Information Act Requests Authority: Natural Resources Article, §3-127; State Government Article, §10-613; Annotated Code of Maryland
14.27.04.01.htm 14.27.04.01. 01 General.. This chapter establishes procedures for submitting requests to the Maryland Environmental Service for the inspection or copying of public records under State Government Article, 10-611-10-630, Annotated Code of Maryland.
14.27.04.02.htm 14.27.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" has the meaning stated in State Government Article, §10-611(b) Annotated Code of Maryland.2) "Custodian" has the meaning stated in State Government Article, §10-611(c) Annotated Code of Maryland.3) "Director" means the Director of the Maryland Environmental Service or the Director's designee.. 4) "Official custodian" means the Secretary of the
14.27.04.03.htm 14.27.04.03. 03 Requests for Records.. A. A person may request to inspect or copy a public record that is in the custody of the Service and which, under the provisions of the Public Information Act, the Service is required to make available to the public.B. A request for public records shall:. 1) Be made in writing;. 2) Be addressed to the custodian;. 3) Contain the applicant's name, address, and phone number; and. 4) Reasonably identify by brief description the specific public record sought..
14.27.04.04.htm 14.27.04.04. 04 Response to Request.. A. If the custodian grants a written request for inspection, the custodian shall produce the record, or a copy, for inspection within a reasonable time, not to exceed 30 days from the date the custodian receives the request.B. If the custodian denies the request, the custodian shall do so within 30 days of receipt of the written request and, immediately upon denying the request, shall notify the applicant of the denial. Any reasonable severable
14.27.04.05.htm 14.27.04.05. 05 Notification of Person in Interest.. The custodian, unless otherwise prohibited by law, may notify a person in interest before disclosing the public record. If the custodian denies inspection in accordance with Regulation .04F of this chapter, the custodian may consider the views of the person in interest before granting or denying the request to inspect the public record.
14.27.04.06.htm 14.27.04.06. 06 Review of Denial.. A. If a written request is denied by the custodian, the applicant may, within 30 days after receipt of the denial, submit a request to the Director for an administrative hearing on the denial.B. The hearing shall be conducted by a hearing officer designated by the Director. If the custodian who denied the request is not the Director, the hearing officer shall prepare a recommended decision which shall be submitted to the Director, and the
14.27.04.07.htm 14.27.04.07. 07 Disclosure against Public Interest.. A. If the official custodian believes that inspection of a public record will cause substantial injury to the public interest, the official custodian may:1) Temporarily deny the request in writing; and. 2) Petition, within 10 working days after the denial, the appropriate circuit court for an order permitting the continued denial of inspection.B. Notice of the petition filed in the circuit court shall be served upon the applicant in the same
14.27.04.08.htm 14.27.04.08. 08 Fees.. A. Fee Schedule.. 1) The Service may charge reasonable fees for services provided under this chapter, as determined from time to time by a resolution of the Service's Board of Directors. As of April 1, 1996, the fees to be charged under this chapter are listed in this section.2) Copies. The fee for each copy is 25 cents per page for every page in excess of 25 pages if reproduction can be made by a photocopying machine within the Service's headquarters. There is no charge f
14.27.04.09.htm 14.27.04.09. 09 Waiver or Reduction of Fees.. A. The Director may waive or reduce any fee charged under this chapter if the Director determines that:1) The public record requested is promotional in nature or is routinely distributed by the Service to the public; or2) After consideration of the applicant's ability to pay all or a portion of the fee and other relevant factors, a waiver or reduction of the fee is in the public interest.B. The decision of the Director to waive or reduce
14.27.04.10.htm 14.27.04.10. 10 Time and Location of Inspection.. An applicant may inspect a public record, which the custodian has determined the applicant is entitled to inspect, during a working day. Unless the applicant and the custodian otherwise agree, the public record shall be inspected at the Service's headquarters.
14.27.04.9999.htm 14.27.04.9999. Administrative History Effective date: November 4, 1996 (23:22 Md. R. 1497).
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