Md. Code Regs. 10.25.05.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.25.05.12 - Fees

A. The Commission may charge fees to an applicant and data recipient for:

(1) Submission of an application; and

(2) The cost of accessing data, which may include but is not limited to the costs of producing and releasing data to a data recipient.

B. A list of fees to be charged pursuant to §A of this regulation shall be published on the Commission's website, reviewed annually, and updated as needed.

C. A list of proposed fees shall be published on the Commission's website for receipt of written public comment for a period of 30 days before the proposed fees become final. All public comment received shall be considered before the proposed fees become final.

D. An applicant shall pay the required application fee in full before Commission staff may begin the application review process. An application fee paid by an applicant is nonrefundable.

E. An applicant who is approved to receive requested data shall pay all required fees in full prior to receipt of requested data. Fees paid by an approved data recipient for receipt of requested data are nonrefundable.

F. If an approved applicant does not pay the required fees in full within 30 days of the date of written notification of application approval, the applicant will not receive the requested data and the application shall be deemed withdrawn and will receive no further consideration.

G. The Executive Director may grant a partial or full waiver of fees for requested data if:

(1) An applicant submits a written request for partial or full waiver of fees detailing reasons for the waiver request and, if applicable, state the amount of partial waiver requested;

(2) An applicant provides financial statements or any other supporting documentation requested by the Executive Director regarding the applicant's inability to pay required fees;

(3) An applicant is a recipient of monetary funds from a funding source that covers all or part of the costs of an applicant's use of the data, and the applicant provides documentation of:

(a) An applicant's written proposal requesting funding submitted to a funding source;

(b) A funding source's response to an applicant's request for funding and, if applicable, funding approval;

(c) Any requirements, including data sharing, imposed by a funding source as a condition of receipt of funding;

(d) The budget governing an applicant's use and allocation of the monetary funds that a funding source has granted or given to an applicant; and

(e) Any other documentation regarding a funding source requested by the Executive Director;

(4) An applicant timely provides any other information and documentation requested by the Executive Director; and

(5) After considering all information provided by an applicant in support of a full or partial fee waiver, the Executive Director determines that a full or partial waiver of fees is in the public interest.

H. Before making a final decision on a request for a partial or full waiver of fees under §G of this regulation, the Executive Director may consult with a review panel or the full Commission if the Executive Director deems it appropriate.

Md. Code Regs. 10.25.05.12

Regulation .12 adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021