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22.01.02.00.htm 22.01.02.00. Title 22 STATE RETIREMENT AND PENSION SYSTEM Subtitle 01 GENERAL REGULATIONS Chapter 02 Public Information Act Requests Authority: General Provisions Article, §4-101―4-601; State Personnel and Pensions Article, §21-110, 21-123, 21-128, 21-504, and 30-208; Annotated Code of Maryland
22.01.02.01.htm 22.01.02.01. 01 Scope.. This chapter sets out the procedures for filing and processing requests to the Retirement Agency for the inspection and copying of public records of the Board of Trustees or the Retirement Agency under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. It is the policy of the Board of Trustees to facilitate public access to the public records of the Board of Trustees and the Retirement Agency, when this access is allowed by law,
22.01.02.02.htm 22.01.02.02. 02 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, Title 4, Annotated Code of Maryland.2) "Agency custodian" has the meaning stated in General Provisions Article, §4-101(d) Annotated Code of Maryland.3) "Alternate payee" means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pu
22.01.02.03.htm 22.01.02.03. 03 Availability of Requested Public Records.. A. The public records of, or in the custody of, the Board of Trustees or Retirement Agency are available for inspection and copying only to the extent provided under the Act and in this regulation.B. Except for any portion of a retirement record that is exempt from disclosure under the Act or this regulation, a retirement record is available for inspection and copying:1) By the person in interest;.
22.01.02.04.htm 22.01.02.04. 04 Application to Inspect, Copy, or Receive Information from Records.. A. Except as provided in §B of this regulation, a person or governmental unit wishing to inspect a public record in the custody and control of the Retirement Agency shall submit a written application to the Agency custodian.B. A person or governmental unit need not submit a written application to the Agency custodian if:. 1) The requested public record is of a type that the Retirement Agency has
22.01.02.05.htm 22.01.02.05. 05 Response Granting Applicant’s Request.. A. If the Agency custodian decides to grant a request for inspection in its entirety, the custodian shall produce the public record for inspection:1) Immediately; or. 2) Within a reasonable 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.B. If the Agency custodian reasonably believes that producing the public record will take more than
22.01.02.06.htm 22.01.02.06. 06 Response Denying All or Part of Applicant’s Request.. A. If the Agency custodian determines that a requested record no longer exists, then the Agency shall notify the applicant of that determination:1) Immediately, if the custodian reached that determination on initial review of the application; or. 2) Promptly after completing a search for potentially responsive public records and not more than 30 days after receiving the application.B. If the Agency custodia
22.01.02.07.htm 22.01.02.07. 07 Format of Public Records.. A. Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the Agency custodian shall provide the applicant with:1) A copy, printout, or photograph of the public record; or. 2) If the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph.
22.01.02.08.htm 22.01.02.08. 08 Fees.. A. Fee Schedule for Certifying and Copying a Public Record.. 1) If the public records are susceptible to photocopying, the charge for each copy of a document is:. a) 25 cents per page for copies made on a photocopying machine within the Retirement Agency offices; orb) Based on actual costs of reproduction if the copies could not be made on a photocopying machine within the Retirement Agency offices.2) If the public records are not susceptible to photocopying, for example,
22.01.02.09.htm 22.01.02.09. 09 Time and Place of Inspection.. A. An applicant may inspect a public record during the normal working hours of any working day of the Retirement Agency.B. The place of inspection shall be the place where the document is located unless the Agency custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant.
22.01.02.10.htm 22.01.02.10. 10 Protection of Privacy and Confidentiality.. A person entitled by law to inspect or obtain copies of any records set forth in Regulation .03B(4) and (5) F, and G of this chapter shall, before inspection, in writing:A. Specify the basis for the request;. B. Agree not to release any information derived from the inspection to a third party without the express prior agreement, in writing, of the Agency custodian; andC. Agree to the entry of an appropriate protective
22.01.02.11.htm 22.01.02.11. 11 Maintenance of Records; Relevance of Material.. A. The Agency shall maintain records which are not subject to public inspection under this chapter in a manner which assures the right to privacy of the individual who is the subject of the record.B. The Retirement Agency may retain in its records only information which is relevant and necessary to accomplish the purpose of the Board of Trustees and the Retirement Agency.
22.01.02.12.htm 22.01.02.12. 12 Referral and Review of Disputes.. A. If the Retirement Agency’s fee for responding to an applicant’s public record request exceeds $350 and the applicant considers it unreasonable, the applicant may file a complaint with the Public Information Act Compliance Board, and appeal from a decision of that Board, as stated in General Provisions Article, Title 4, Subtitle 1A, and §4-362, Annotated Code of Maryland.B. The applicant may refer to the Public Access Om
22.01.02.9999.htm 22.01.02.9999. Administrative History Effective date: January 1, 1996 (22:26 Md. R. 2031). Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. ―
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