Md. Code Regs. 14.03.01.18

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.03.01.18 - 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 the records of the Commission, when that access is allowed by law, by minimizing costs and time delays to persons requesting information.

(3) It is also the policy of the Commission to safeguard and preserve the confidentiality of investigations of complaints made under State Government Article, Title 20, 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 the 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) "Final disposition" means the:

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

(b) Administrative law judge and, if applicable, the Commission's Appeal Board have rendered their decisions; or

(c) Time to note an appeal to the Commission's Appeal Board has passed.

(7) "Investigative case file" means any record, regardless of physical form, generated or received by Commission staff in the course of the investigation of a complaint alleging a violation of State Government Article, §§ 20-301"20-305, 20-401"20-402, 20-602, 20-606"20-607, 20-705"20-706, and 20-901"20-902, or Health-General Article, §19-355, Annotated Code of Maryland, or the Governor's Code of Fair Employment Practices, Order 01.01.2007.16C (August 22, 2007), as amended, including the complaint itself and any documents indicating the identity of a complainant or respondent until the stage of public hearing.

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

(9) Public Records.

(a) "Public records" 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 records" includes all copies made or received by the Commission in connection with "investigative case files" as defined in §B(7) of this regulation, and as set forth in Regulation .19E of this chapter.

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

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

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

C. Retention of Investigative Case Files. 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 of the respective discrimination charge.

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 the 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 the application is made shall, within 10 working days 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 public records of the Commission.

Md. Code Regs. 14.03.01.18