33.02.01.05

.05 Recording, Photographing, or Broadcasting.

A. Recording Open Session. A member of the public, including a representative of the news media, may record the proceedings of an open session by means of a tape recorder or any other recording device if the device does not:

(1) Create an excessive noise that disturbs board members or other individuals attending the session; or

(2) Otherwise:

(a) Disrupt the session, or

(b) Interfere with the right of the public to attend and observe the session.

B. Photographing or Taping Session. A member of the public, including a representative of the news media, may photograph or videotape the proceedings of an open session by means of any type of camera if the camera:

(1) Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session;

(2) Does not create an excessive noise that disturbs board members or other individuals attending the session; and

(3) Does not otherwise:

(a) Disrupt the session; or

(b) Interfere with the right of the public to attend and observe the session.

C. Broadcasting Session. A representative of the news media may broadcast or televise the proceedings of an open session if the equipment used:

(1) Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session;

(2) Does not create an excessive noise that disturbs board members or other individuals attending the session; and

(3) Does not otherwise:

(a) Disrupt the session; or

(b) Interfere with the right of the public to attend and observe the session.

D. Restriction of Movement.

(1) Whenever necessary to maintain the orderly conduct of the session, the presiding officer may restrict the movement of the individual who is using a recording device, a camera, or broadcasting or televising equipment.

(2) If the individual refuses to comply or otherwise persists in conduct prohibited by this regulation or any other regulation concerning the conduct of the open session, the presiding officer may take action as authorized in Regulation .04B of this chapter.