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15.01.04.00.htm 15.01.04.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY Chapter 04 Public Information Act Requests Authority: State Government Article, §10-613, Annotated Code of Maryland
15.01.04.01.htm 15.01.04.01. 01 General.. These regulations set out procedures for filing of requests with the Department of Agriculture for the inspection and copying of records under the Public Information Act, State Government Article, §10-611 et seq. Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.
15.01.04.02.htm 15.01.04.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Public Information Act, State Government Article, §10-611 et seq. Annotated Code of Maryland.2) "Applicant" means a person requesting disclosure of public records.. 3) "Department" means the Department of Agriculture.. 4) "Custodian" means an authorized person employed by the Department having personal custody and control of public records of5) "Official custodian" m
15.01.04.03.htm 15.01.04.03. 03 Who May Request.. A person may request to inspect or copy public records of the Department..
15.01.04.04.htm 15.01.04.04. 04 Necessity for Written Request.. A. Inspections.. 1) Except as otherwise provided in this chapter, 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 record to the applicant or that a written request will materially assist the Department in respondin
15.01.04.05.htm 15.01.04.05. 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 record sought.
15.01.04.06.htm 15.01.04.06. 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 Department.
15.01.04.07.htm 15.01.04.07. 07 Response to 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 a 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 to deny the request, no
15.01.04.08.htm 15.01.04.08. 08 Notification of Persons Who May be Affected by Disclosure.. Unless prohibited by law, the custodian should notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
15.01.04.09.htm 15.01.04.09. 09 Records Not in the Custody and Control of the Person Receiving the Request.. If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location or possible location of the record.
15.01.04.10.htm 15.01.04.10. 10 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, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection and copying.
15.01.04.11.htm 15.01.04.11. 11 Records Destroyed or Lost.. If the requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact, and explain in the response the reasons why the record cannot be produced.
15.01.04.12.htm 15.01.04.12. 12 Review of the 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 Secretary, and the hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of M
15.01.04.13.htm 15.01.04.13. 13 Disclosure Against Public Interest.. If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and shall apply within 10 working days of the denial to the to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application fil
15.01.04.14.htm 15.01.04.14. 14 Fees.. A. The fee schedule for copying and certifying copies of records is as follows:. 1) Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm) the fee for copies shall be based on the actual cost of reproduction.2) Certification of Copies. If a person requests that a copy of a record be
15.01.04.15.htm 15.01.04.15. 15 Time of Inspection.. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
15.01.04.16.htm 15.01.04.16. 16 Place of Inspection.. The place of inspection shall be the place where the document 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.
15.01.04.17.htm 15.01.04.17. 17 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose.. A. As provided under State Government Article, §10-617(h) (3) Annotated Code of Maryland, the custodian may permit the right of inspection of occupational and professional licensing records, other than those specified under State Government Article, §10-617(h)2) Annotated Code of Maryland, on individual persons as set forth in this regulation.B. A federal, State, loca
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).
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