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26.01.04.00.htm 26.01.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 01 GENERAL PROVISIONS Chapter 04 Filing Requests for Inspection and Copying of Records Authority: State Government Article, §10-611 et seq. Annotated Code of Maryland
26.01.04.01.htm 26.01.04.01. 01 General.. These regulations set out the procedures for filing requests with the Department of the Environment for the inspection and copying of records under State Government Article, §10-611―10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to records, when this access is allowed by law, by minimizing costs and time delays to persons requesting information.
26.01.04.02.htm 26.01.04.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means State Government Article, 10-611-10-628, Annotated Code of Maryland.. 2) "Applicant" means any person requesting disclosure of public records.. 3) "Compelling need" means that failure to obtain the requested information on an expedited basis could reasonably be expected to:a) Present an imminent threat to human life or safety;.
26.01.04.03.htm 26.01.04.03. 03 Who May Request.. Any person may request to inspect or copy any public record that is in the custody and control of the Department.
26.01.04.04.htm 26.01.04.04. 04 Necessity for Written Request.. Normally, the custodian shall make public records available for inspection by an applicant without demanding a written request. However, the custodian may 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 when the custodian believes that a written request will materially assist the Department in responding to the request. If the applicant is re
26.01.04.05.htm 26.01.04.05. 05 Contents of Written Request.. A written request shall contain the applicant's name, address, telephone number, and signature, and shall briefly describe the record sought.
26.01.04.06.htm 26.01.04.06. 06 Filing the Request.. A written request for a record in the custody and control of the Department shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.
26.01.04.07.htm 26.01.04.07. 07 Response to Written Request.. A. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, if this period of time is needed to retrieve the information.B. If the custodian decides to deny the written request, he shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the app
26.01.04.08.htm 26.01.04.08. 08 Notification of Persons Who May Be Affected by Disclosure.. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant 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.
26.01.04.09.htm 26.01.04.09. 09 Records Temporarily Unavailable.. If the public record requested 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 notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and time, within a reasonable period of time, when the custodian will make the record available to the applicant for inspection or copying.
26.01.04.10.htm 26.01.04.10. 10 Records Destroyed or Lost.. If the requested record has been destroyed or lost, the custodian shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the circumstances of the destruction or loss.
26.01.04.11.htm 26.01.04.11. 11 Review of the Denial.. A. If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the written notification of denial.B. If a hearing is requested by the applicant, the hearing shall be a contested case hearing. The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Marylan
26.01.04.12.htm 26.01.04.12. 12 Disclosure Against Public Interest.. If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny
26.01.04.13.htm 26.01.04.13. 13 Fees.. A. Department Fee Schedule.. 1) Copies.. a) Except as provided below, the charge for each copy is 30 cents per page when reproduction can be made by photocopying machine within the Department. This charge shall increase to 32 cents July 1, 2001, 34 cents July 1, 2003, and 36 cents July 1, 2005.b) When records are not susceptible to photocopying (for example, punch cards, magnetic tapes, and microfilm) the charge for reproducing the record will be determined on a cas
26.01.04.14.htm 26.01.04.14. 14 Time of Inspection.. An applicant may inspect any public record during the normal working hours of the Department..
26.01.04.15.htm 26.01.04.15. 15 Place of Inspection.. Inspection will take place where the document is located unless the custodian determines that another location is more suitable.
26.01.04.9999.htm 26.01.04.9999. Administrative History Effective date: October 12, 1981 (8:20 Md. R. 1635). Regulations .01, .02B, and .14 amended, .07 and .09 repealed, and new .07 adopted effective July 16, 1984 (11:14 Md. R. 1250)Regulations .02B and .03 amended effective July 29, 1985 (12:15 Md. R. 1516). Regulation .07-1 adopted effective July 29, 1985 (12:15 Md. R. 1516). Regulations .07-1 and .08 recodified to Regulations .08 and .09 ―. Chapter recodified from COMAR 10.01.08 to COMAR 26.01.04.
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