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14.36.01.00.htm 14.36.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 36 MARYLAND LONGITUDINAL DATA SYSTEM CENTER Chapter 01 Inspection and Copying of Public Records Authority: Education Article, §24-703 and 24-706; State Government Article, §10-611, 10-612, 10-613(b) 10-615(2)i) 10-621, and 10-625; Annotated Code of Maryland
14.36.01.01.htm 14.36.01.01. 01 Purpose.. This chapter sets forth procedures for the disclosure, inspection, or copying of public records maintained by the Maryland Longitudinal Data System Center. The procedures for data requests by the public from data maintained by the Maryland Longitudinal Data System Center are set forth in COMAR 14.36.04.
14.36.01.02.htm 14.36.01.02. 02 Policy.. It is the policy of the Maryland Longitudinal Data System Center to facilitate public access to the Center痴 public records when access is authorized by law.
14.36.01.03.htm 14.36.01.03. 03 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” has the meaning stated in State Government Article, §10-611(b) Annotated Code of Maryland.3) “Center” means the Maryland Longitudinal Data System Center, its advisory councils, its committees, any other public bodies under the authority and
14.36.01.04.htm 14.36.01.04. 04 Official Custodian.. A. The Executive Director shall designate an official custodian of public records for the Center.. B. The website for the Center shall provide the name and contact information for the custodian of public records.
14.36.01.05.htm 14.36.01.05. 05 Who May Request Public Records.. Any person may request to inspect or copy public records of the Center..
14.36.01.06.htm 14.36.01.06. 06 Necessity for Written Request.. A. Inspection.. 1) Except as otherwise provided in this chapter, the custodian shall make public records of the Center 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 prohibit the disclosure of the public record to the applicant; or.
14.36.01.07.htm 14.36.01.07. 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..
14.36.01.08.htm 14.36.01.08. 08 Addressee.. A request to inspect or copy a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Executive Director.
14.36.01.09.htm 14.36.01.09. 09 Response to Request.. A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection, without unreasonable delay, as follows:1) Immediately for records designated by the Center for inspection, as set forth in §B of this regulation; or2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.
14.36.01.10.htm 14.36.01.10. 10 Notice to Person Possibly 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 Center to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.
14.36.01.11.htm 14.36.01.11. 11 Public Record Temporarily Unavailable.. If a requested public record of the Center is in the custody and control of the person to whom the 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..
14.36.01.12.htm 14.36.01.12. 12 Public Record Destroyed or Lost.. If the custodian knows that a requested public record of the Center has been destroyed or lost, the custodian 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..
14.36.01.13.htm 14.36.01.13. 13 Review of Denial.. A. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may, within 30 days after receipt of the notice of denial request administrative review.B. If the applicant requests administrative review:. 1) The review shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and2) The Executive Director shall issue the final decision of the Center unless the Executive Director
14.36.01.14.htm 14.36.01.14. 14 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Executive Director, disclosure of a public record of the Center otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Executive Director may temporarily deny the request to obtain a court order allowing nondisclosure.2) A temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the Ex
14.36.01.15.htm 14.36.01.15. 15 Fees.. A. Except as provided in §B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Center is as follows:1) For each copy made by a photocopying machine within the Center, 25 cents per page;. 2) For each copy made other than by a photocopying machine within the Center, the actual cost of reproduction; and3) For certification as a true copy of a public record, an additional fee of $1 per page, or if appropriate, per item.
14.36.01.16.htm 14.36.01.16. 16 Time and Place of Inspection.. A. An applicant may inspect any public record of the Center that the applicant is entitled to inspect during the normal working hours of the Center.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.
14.36.01.9999.htm 14.36.01.9999. Administrative History Effective date: January 19, 2015 (42:1 Md. R. 18).
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