Md. Code Regs. 13B.04.03.02

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

Section 13B.04.03.02 - Definitions

A. In this chapter, 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) "Commission" means the Maryland Higher Education Commission, its advisory councils, its committees, any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission, the Maryland State Scholarship Administration, and any employees, agents, or contractors acting on behalf of the Commission.

(3) "Custodian" means the head of a Commission organizational unit or authorized Commission employee having personal custody and control of the public record that is the subject of a request under the Act.

(4) "Official custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Commission. Unless otherwise provided by law, the Secretary is the official custodian of all public records of the Commission.

(5) "Person in interest" means a person or governmental unit that is the subject of a public record, or an authorized designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.

(6) Public Record.

(a) "Public record" means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received by the Commission in connection with the transaction of public business.

(b) "Public record" includes a document that contains the salary of an official or employee of the Commission.

(7) "Requester" means a person or governmental unit requesting access to public records under the Act.

(8) "Secretary" means the Secretary of Higher Education.

(9) Sociological Information.

(a) "Sociological information" means any of the following information requested from the Commission:

(i) Scholarship and financial aid records of individual students or their families, except as provided by Regulation .09 of this chapter;

(ii) Records about the biography, family, race, ethnic background, physiology, religion, academic achievement, or physical or mental ability of a student;

(iii) Social security numbers;

(iv) Personal addresses;

(v) Personal phone numbers; and

(vi) Information regarding marital status, dependents, or relatives.

(b) "Sociological information" includes the part of a public record that contains information about the licensing of an individual in an occupation or profession, except that the custodian shall permit inspection of the part of a public record that gives:

(i) The name of the licensee;

(ii) The business address of the licensee or, if the business address is not available, the home address;

(iii) The business telephone number of the licensee;

(iv) The educational and occupational background of the licensee;

(v) The professional qualifications of the licensee;

(vi) Orders and findings that result from formal deficiency actions; and

(vii) Evidence that has been provided to the custodian to meet the requirements of a statute as to financial responsibility.

(10) "Working day" means a day other than Saturday, Sunday, or a State holiday.

Md. Code Regs. 13B.04.03.02