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23.01.04.00.htm
| 23.01.04.00. Title 23 BOARD OF PUBLIC WORKS Subtitle 01 GENERAL REGULATIONS Chapter 04 Access to Public Records Authority: State Government Article, §10-611―10-628, Annotated Code of Maryland |
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23.01.04.01.htm
| 23.01.04.01. 01 Purpose.. These regulations set out procedures for filing requests with the Board of Public Works for the inspection, copying, or correction of records of the Board under the Access to Public Records Act, State Government Article, 10-611-10-628, Annotated Code of Maryland. It is the policy of the Board of Public Works to facilitate public access to the records of the Board, when the access is allowed by law, by minimizing costs and time delays to persons requesting information. |
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23.01.04.02.htm
| 23.01.04.02. 02 Definitions.. A. The following terms have the meanings indicated unless otherwise apparent from the context.. B. Terms Defined.. 1) "Act" means the Access to Public Records Act, State Government Article, §10-611―10-628, Annotated Code of Maryland.2) "Applicant" means a person or governmental unit that asks to inspect a public record.. 3) "Board" means the Board of Public Works.. 4) "Custodian" means a person employed by the Board having personal custody and control of a public |
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23.01.04.03.htm
| 23.01.04.03. 03 Requests for Access or Copy.. A. An applicant may request access to inspect or copy public records of the Board.. B. The applicant shall direct the request to the custodian. If the custodian is not known, the applicant may direct the request to the official custodian. |
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23.01.04.04.htm
| 23.01.04.04. 04 Written Application.. A. Inspections.. 1) Except as provided in §A(2) of this regulation, the custodian shall make available for inspection, without a written application, any record that clearly is required to be disclosed.2) The custodian may require a written application if the custodian reasonably believes that:. a) A written application will materially assist the Office in responding to the request;. b) The Act or any other law may prohibit disclosure of the record; or. |
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23.01.04.05.htm
| 23.01.04.05. 05 Custodian's Response to Application.. A. The custodian shall determine:. 1) Whether a written application is required.. 2) Whether the record is in the custodian's custody.. 3) Whether the record can be disclosed to the applicant.. 4) Whether the applicant is a person in interest, if the record may be disclosed only to a person in interest. The custodian may require documentation from the applicant to support the claim that the applicant is a person in interest. |
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23.01.04.06.htm
| 23.01.04.06. 06 Notice to Persons Who May Be Affected by Disclosure.. A. Except as provided in §B, the custodian may notify a 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.B. The custodian may not notify a person who could be adversely affected by disclosure if:. |
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23.01.04.07.htm
| 23.01.04.07. 07 Review of a Denial.. A. If the custodian denies a written application for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of a notice of denial, request an administrative hearing.B. If the administrative hearing results in a total or partial denial of the written application, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.C. If the applicant chooses not to request a heari |
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23.01.04.08.htm
| 23.01.04.08. 08 Disclosure Against Public Interest.. If the Board decides that disclosure, otherwise required by the Act or other law, would do substantial injury to the public interest the Board may temporarily deny the request in writing and, within 10 working days of the denial, apply to the appropriate circuit court for an order permitting continued denial. Notice of the application shall be served on the applicant in the manner provided for service of process by the Ma |
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23.01.04.09.htm
| 23.01.04.09. 09 Fees.. A. The fee for copying and certifying copies of records is as follows:. 1) Copies.. a) If reproduction can be made by a photocopying machine within the offices of the Board, the charge for each copy is 43 cents per page. The per-page charge will increase as follows:i) 45 cents on July 1, 2006;. ii) 48 cents on July 1, 2008; and. iii) 51 cents on July 1, 2010.. b) If a record cannot be photocopied in the offices of the Board (for example, punch cards, magnetic |
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23.01.04.10.htm
| 23.01.04.10. 10 Time of Inspection.. An applicant may inspect disclosable records only during the normal working hours of the Board's offices. |
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23.01.04.11.htm
| 23.01.04.11. 11 Place of Inspection.. Inspection shall take place where the document is located, unless the Board, after considering the applicant's preference, determines that another place is more suitable and convenient. |
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23.01.04.9999.htm
| 23.01.04.9999. Administrative History Effective date: September 5, 1988 (15:18 Md. R. 2153). Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148). Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116). |
