Md. Code Regs. 14.03.05.18

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.03.05.18 - Public Information Act Requests

A. General.

(1) This regulation sets out the procedures for filing requests with the Maryland Commission on Human Relations for the inspection and copying of records under the Public Information Act, State Government Article, §§ 10-611 -10-630, Annotated Code of Maryland.

(2) It is the policy of the Commission to facilitate public access to records of the Commission, if that access is allowed by law, by minimizing costs and time delays to persons requesting information.

(3) It is the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, by restricting access to records when access is prohibited or restricted by law.

B. Definitions.

(1) "Act" means the Public Information Act, State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland.

(2) "Applicant" means a person requesting disclosure of public records.

(3) "Commission" means the Maryland Commission on Human Relations.

(4) Custodian or Official Custodian.

(a) "Custodian" or "official custodian" means the person who is responsible for maintenance, care, and keeping of the public records of the Commission.

(b) Unless otherwise provided by law, the Executive Director or designee is the official custodian of the Commission's records.

(5) "Executive Director" means the Executive Director of the Maryland Commission on Human Relations, or designee.

(6) "Investigative case file" means any record, regardless of physical form, generated or received by Commission staff during the course of the investigation until the stage of public hearing of a complaint alleging a violation of the Commercial Nondiscrimination Policy pursuant to State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, including the complaint itself and any documents indicating the identity of a complainant or respondent.

(7) "Public hearing" means any public hearing or trial before either the Office of Administrative Hearings or any federal or State court of law.

(8) Public Record.

(a) "Public record" means all papers, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, video recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.

(b) "Public record" includes all copies made or received by the Commission in connection with "investigative case files" as defined in §B(6) of this regulation, and as set forth in Regulation .19E of this chapter.

(c) "Public record" includes salaries of all employees of the Commission.

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

(10) "Written document" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary material, regardless of physical form or characteristics.

C. Retention of Investigative Case Files.

(1) The custodian shall maintain, as a public record of the Commission, all documents made or received by the Commission contained in the investigative case files, for a period of 18 months from the date of final disposition.

(2) Final disposition means the:

(a) Commission has found no probable cause, or has otherwise terminated the investigation;

(b) Administrative law judge has rendered their decision; or

(c) Time to request judicial review pursuant to Regulation .16 of this chapter has passed.

D. Records Temporarily Unavailable. If a requested public record is in the custody or under the control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.

E. Records Destroyed or Lost. If a requested record has been destroyed or lost, the custodian to whom written application is made shall, within 10 working days of receipt of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.

F. Who May Request. Any person may request to inspect or copy a public record of the Commission.

Md. Code Regs. 14.03.05.18