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15.01.04.00.htm 15.01.04.00. Title 15 MARYLAND DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY Chapter 04 Public Information Act Requests Authority: Agriculture Article, §2-103; General Provisions Article, §4-101―4-601; Annotated Code of Maryland
15.01.04.01.htm 15.01.04.01. 01 Scope.. This chapter sets out procedures under the Public Information Act for filing and processing requests to the Department of Agriculture for the inspection and copying of public records of the Department.
15.01.04.02.htm 15.01.04.02. 02 Policy.. It is the policy of the Department to facilitate access to the public records of the Department, when access is allowed by law, by minimizing costs and time delays to applicants.
15.01.04.03.htm 15.01.04.03. 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” has the meaning stated in General Provisions Article, §4-101(b) Annotated Code of Maryland.3) “Board” has the meaning stated in General Provisions Article, §4-101(c) Annotated Code of Maryland.4) “Copy” means any form of reproduction using a p
15.01.04.04.htm 15.01.04.04. 04 Secretary as Official Custodian.. Unless otherwise provided by law, the Secretary is the official custodian of the public records of the Department.
15.01.04.05.htm 15.01.04.05. 05 Who May Request Public Records.. Any person may request to inspect or copy public records of the Department..
15.01.04.06.htm 15.01.04.06. 06 Necessity for Written Request.. A. Inspection.. 1) Except as otherwise provided in this chapter, the custodian shall make public records of the Department 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 one or more public records to the applicant; or
15.01.04.07.htm 15.01.04.07. 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..
15.01.04.08.htm 15.01.04.08. 08 Addressee.. A request to inspect or copy a public record of the Department shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Secretary or the PIA Coordinator.
15.01.04.09.htm 15.01.04.09. 09 Response to Request.. A. Custodian’s Initial Responsibilities.. 1) If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:a) Immediately; or. b) 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.2) If the custodian reasonably believes that it will take more than 10 work
15.01.04.10.htm 15.01.04.10. 10 Notice to and Consideration of Views of 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 Department 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 rec
15.01.04.11.htm 15.01.04.11. 11 Electronic Records.. A. Except as provided in §C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:1) The public record is in a searchable and analyzable electronic format;. 2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchabl
15.01.04.12.htm 15.01.04.12. 12 Public Record Destroyed or Lost.. If the custodian knows that a requested public record 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..
15.01.04.13.htm 15.01.04.13. 13 Review of Denial.. A. If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §B and C of this regulation.B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written c
15.01.04.14.htm 15.01.04.14. 14 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Secretary, disclosure of a public record of the Department otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.2) A temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the Se
15.01.04.15.htm 15.01.04.15. 15 Fees.. A. The fee schedule for copying and certifying copies of public records of the Department is as follows:1) Copies.. a) The fee for each copy made by a standard printer or photocopying or scanning machine with the Department is 25 cents per page.b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.. 2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fe
15.01.04.16.htm 15.01.04.16. 16 Time and Place of Inspection.. A. An applicant may inspect any public record of the Department that the applicant is entitled to inspect during the normal working hours of the Department.B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s express wish, determines that another place is more suitable and convenient.
15.01.04.9999.htm 15.01.04.9999. Administrative History Effective date: August 17, 1981 (8:16 Md. R. 1367). Regulations .01―08, .10―16 amended effective April 4, 1988 (15:7 Md. R. 852). Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814) ―. Regulations .01―17 repealed and new Regulations .01―16 adopted effective February 10, 2020 (47:3 Md. R. 172)
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