reglab/statecodes huggingface dataset:
2023 Maryland Statutes › General Provisions › Title 1 - Rules of Interpretation › Subtitle 3 - Time › Section 1-303 - Computation of Age

(a)    Except as provided in subsection (b) of this section, an individual attains a specified age on the day of the anniversary of the individual’s birth.
(b)    An individual born on February 29 attains a specified age on March 1 of any year that is not a leap year.
2023 Maryland Statutes › General Provisions › Title 1 - Rules of Interpretation › Subtitle 4 - Miscellaneous Provisions › Section 1-401 - Age of Majority

(a)    (1)    The age of majority is 18 years.
(2)    Except as provided in subsection (b) of this section or as otherwise specifically provided by statute, an individual at least 18 years old is an adult for all purposes and has the same legal capacity, rights, powers, privileges, duties, liabilities, and responsibilities that an individual at least 21 years old had before July 1, 1973.
(b)    An individual who has attained the age of 18 years and who is enrolled in secondary school has the right to receive support and maintenance from both of the individual’s parents until the first to occur of the following events:
(1)    the individual dies;
(2)    the individual marries;
(3)    the individual is emancipated;
(4)    the individual graduates from or is no longer enrolled in secondary school; or
(5)    the individual attains the age of 19 years.
2023 Maryland Statutes › General Provisions › Title 1 - Rules of Interpretation › Subtitle 4 - Miscellaneous Provisions › Section 1-403 - Citation of Revised Articles

(a)    Except as provided in subsection (b) of this section, unnumbered revised articles of the Annotated Code of Maryland may be cited as: “§ ___ of the __________ Article”.
(b)    A section of the Courts and Judicial Proceedings Article may be cited as: “§ ___ of the Courts Article”.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 1 - Form of Oath › Section 2-101 - Form of Oath for Position Not Subject to Maryland Constitution

Unless a State or local law requires a different form of oath, an individual appointed to a public position that requires the individual to take an oath, but not subject to the oath required by Article I, § 9 of the Maryland Constitution, shall take an oath to perform faithfully the duties of the office to which the individual is appointed.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 2 - Administration of Oath › Section 2-201 - Method for Administration of Oath

An individual who administers an oath shall require the individual taking an oath to hold up a hand in recognition of the solemnity of the act unless:
(1)    holding up a hand is not practicable; or
(2)    it appears that another method would be more binding on the conscience of the individual taking the oath.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 2 - Administration of Oath › Section 2-202 - Governor and Lieutenant Governor

(a)    The Governor and the Lieutenant Governor shall take and subscribe the oath required by Article I, § 9 of the Maryland Constitution:
(1)    on the third Wednesday of January that next follows the election of the Governor, or as soon thereafter as is practicable, between the hours of noon and 2:00 p.m. in the chamber of the Senate of Maryland; and
(2)    (i)    before the Chief Judge of the Court of Appeals; or
(ii)    if the Chief Judge is unable to attend, before one of the associate judges of the Court of Appeals.
(b)    The clerk of the Court of Appeals shall maintain a book that records the oaths taken and subscribed under this section.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 2 - Administration of Oath › Section 2-203 - Adjutant General; Attorney General; Comptroller; Justices and Clerks of Supreme Court of Maryland and Appellate Court of Maryland; Secretary of State; State Reporter; State Treasurer

(a)    The oath required by Article I, § 9 of the Maryland Constitution shall be taken and subscribed before the Governor by:
(1)    the Adjutant General;
(2)    the Attorney General;
(3)    the Comptroller;
(4)    the judges of the Court of Appeals;
(5)    the clerk of the Court of Appeals;
(6)    the judges of the Court of Special Appeals;
(7)    the clerk of the Court of Special Appeals;
(8)    the Secretary of State;
(9)    the State Reporter; and
(10)    the State Treasurer.
(b)    On the third Monday of January that next follows the election of the Comptroller, or as soon thereafter as is practicable, the successful candidate for that office shall qualify by taking the oath required by Article I, § 9 of the Maryland Constitution.
(c)    The Secretary of State shall maintain a book that records the oaths taken and subscribed under this section.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 2 - Administration of Oath › Section 2-204 - Members of General Assembly

(a)    (1)    A member of the Senate of Maryland shall administer the oath required by Article I, § 9 of the Maryland Constitution to the President of the Senate.
(2)    The President of the Senate shall administer the oath required by Article I, § 9 of the Maryland Constitution to the other members and officers of the Senate of Maryland.
(b)    (1)    A member of the House of Delegates shall administer the oath required by Article I, § 9 of the Maryland Constitution to the Speaker of the House of Delegates.
(2)    The Speaker of the House of Delegates shall administer the oath required by Article I, § 9 of the Maryland Constitution to the other members and officers of the House of Delegates.
(c)    The members of the General Assembly shall subscribe the oath that the members take under subsections (a) and (b) of this section.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 2 - Administration of Oath › Section 2-206 - Other Officers

Except for an officer specified in §§ 2–202 through 2–205 of this subtitle, an officer elected or appointed to any office of trust or profit under the Maryland Constitution or other State law, including a mayor or other chief executive officer of a municipal corporation, shall take and subscribe the oath required by Article I, § 9 of the Maryland Constitution before a clerk or a deputy clerk of the circuit court.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 3 - Miscellaneous Provisions › Section 2-301 - Refusal to Take Oath

An individual elected or appointed to an office shall be deemed to have refused the office if the individual declines or neglects to take and subscribe the oath required by Article I, § 9 of the Maryland Constitution or by other State or local law:
(1)    within 30 days after the office of a clerk of a circuit court receives the commission of the individual; or
(2)    if the commission is not sent to a clerk of a circuit court, within 30 days after the individual receives the commission or the notice of appointment.
2023 Maryland Statutes › General Provisions › Title 2 - Official Oaths › Subtitle 3 - Miscellaneous Provisions › Section 2-302 - Reports of Clerks to Secretary of State

(a)    At least once each month, the clerk of each circuit court shall report to the Secretary of State the names and offices of all officers who have taken and subscribed an oath before the clerk.
(b)    The Secretary of State:
(1)    shall preserve a report required by subsection (a) of this section; and
(2)    equally with the clerk of a circuit court, is competent to certify that an officer has qualified by taking and subscribing an oath before the clerk.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 1 - Definitions; General Provisions › Section 3-102 - Legislative Policy

(a)    It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances:
(1)    public business be conducted openly and publicly; and
(2)    the public be allowed to observe:
(i)    the performance of public officials; and
(ii)    the deliberations and decisions that the making of public policy involves.
(b)    (1)    The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.
(2)    The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.
(c)    Except in special and appropriate circumstances when meetings of public bodies may be closed under this title, it is the public policy of the State that the public be provided with adequate notice of the time and location of meetings of public bodies, which shall be held in places reasonably accessible to individuals who would like to attend these meetings.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 1 - Definitions; General Provisions › Section 3-103 - Scope of Title

(a)    Except as provided in subsection (b) of this section and § 3–104 of this subtitle, this title does not apply to:
(1)    a public body when it is carrying out:
(i)    an administrative function;
(ii)    a judicial function; or
(iii)    a quasi–judicial function; or
(2)    a chance encounter, a social gathering, or any other occasion that is not intended to circumvent this title.
(b)    This title applies to a public body when it is meeting to consider:
(1)    granting a license or permit; or
(2)    a special exception, variance, conditional use, or zoning classification, the enforcement of any zoning law or regulation, or any other zoning matter.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 1 - Definitions; General Provisions › Section 3-104 - Minutes for Closed Session

If a public body recesses an open session to carry out an administrative function in a meeting that is not open to the public, the minutes for the public body’s next meeting shall include:
(1)    a statement of the date, time, place, and persons present at the administrative function meeting; and
(2)    a phrase or sentence identifying the subject matter discussed at the administrative function meeting.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-202 - Membership

(a)    (1)    The Board consists of three members.
(2)    At least one of the members shall be an attorney admitted to the Maryland Bar.
(3)    The Governor shall appoint the members with the advice and consent of the Senate.
(b)    From among the members of the Board, the Governor shall appoint a chair.
(c)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2014.
(3)    At the end of a term, a member continues to serve until a successor is appointed.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.
(5)    A member may not serve for more than two consecutive 3–year terms.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-203 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall determine the times and places of its meetings.
(c)    A member of the Board:
(1)    may not receive compensation as a member of the Board; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Office of the Attorney General shall provide staff for the Board.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-204 - Duties

(a)    The Board shall:
(1)    receive, review, and, subject to § 3–207 of this subtitle, resolve complaints from any person alleging a violation of this title; and
(2)    issue a written opinion as to whether a violation has occurred.
(b)    The Board shall receive and review any complaint alleging a prospective violation of this title as provided under § 3–212 of this subtitle.
(c)    The Board shall:
(1)    study ongoing compliance with this title by public bodies; and
(2)    make recommendations to the General Assembly for improvements in this title.
(d)    The Board, in conjunction with the Office of the Attorney General and other interested organizations or persons, shall develop and conduct educational programs and distribute educational materials on the requirements of the open meetings law for the staffs and attorneys of:
(1)    public bodies;
(2)    the Maryland Municipal League;
(3)    the Maryland Association of Counties; and
(4)    the Maryland Association of Boards of Education.
(e)    (1)    On or before October 1 of each year, the Board shall submit an annual report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.
(2)    The report shall:
(i)    describe the activities of the Board;
(ii)    describe the opinions of the Board;
(iii)    state the number and nature of complaints filed with the Board and discuss complaints that reasonable notice of a meeting was not given;
(iv)    identify the provisions of this title that the Board has found a public body to have violated and the number of times each provision has been violated;
(v)    identify each public body that the Board has found to have violated a provision of this title; and
(vi)    recommend any improvements to this title.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-205 - Complaint

(a)    Any person may file a written complaint with the Board seeking a written opinion from the Board on the application of this title to the action of a public body covered by this title.
(b)    The complaint shall:
(1)    identify the public body that is the subject of the complaint;
(2)    describe the action of the public body, the date of the action, and the circumstances of the action; and
(3)    be signed by the complainant.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-206 - Receipt of Complaint; Response

(a)    Except as provided in subsection (c) of this section, on receipt of the written complaint, the Board promptly shall:
(1)    send the complaint to the public body identified in the complaint; and
(2)    request that a response to the complaint be sent to the Board.
(b)    (1)    The public body shall file a written response to the complaint within 30 days after it receives the complaint.
(2)    On request of the Board, the public body shall include with its written response to the complaint a copy of:
(i)    the notice provided under § 3–302 of this title;
(ii)    any written statement made under § 3–305(d)(2)(ii) of this title; and
(iii)    the minutes and any recording made by the public body under § 3–306 of this title.
(3)    The Board shall maintain the confidentiality of the minutes and any recording submitted by a public body that are sealed in accordance with § 3–306(c)(3)(ii) of this title.
(c)    (1)    If the public body identified in the complaint no longer exists, the Board promptly shall send the complaint to the official or entity that appointed the public body.
(2)    The official or entity that appointed the public body shall comply, to the extent feasible, with the requirements of subsection (b) of this section.
(d)    If a written response is not received within 45 days after the notice is sent, the Board shall decide the case on the facts before the Board.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-207 - Review and Written Opinion by Board

(a)    (1)    The Board shall review the complaint and any response.
(2)    If the information in the complaint and response is sufficient for making a determination, within 30 days after receiving the response the Board shall issue a written opinion as to whether a violation of this title has occurred or will occur.
(b)    (1)    If the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the public body, or any other person with relevant information about the subject of the complaint.
(2)    An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.
(3)    The Board shall issue a written opinion within 30 days after the informal conference.
(c)    (1)    If the Board is unable to render an opinion on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:
(i)    state in writing the reason for its inability to render an opinion; and
(ii)    issue an opinion as soon as possible but not later than 90 days after the filing of the complaint.
(2)    An opinion of the Board may state that the Board is unable to resolve the complaint.
(d)    The Board shall send a copy of the written opinion to the complainant and the affected public body.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-208 - Distribution of Opinions

(a)    The Board may send to any public body in the State any written opinion that will provide the public body with guidance on compliance with this title.
(b)    On request, the Board shall provide a copy of a written opinion to any person.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-211 - Announcement of Violation; Summary of Opinion

(a)    This section does not apply to a public body that is:
(1)    in the Judicial Branch of State government; or
(2)    subject to governance by rules adopted by the Court of Appeals.
(b)    If the Board determines that a violation of this title has occurred:
(1)    at the next open meeting of the public body after the Board has issued its opinion, a member of the public body shall announce the violation and orally summarize the opinion; and
(2)    a majority of the members of the public body shall sign a copy of the opinion and return the signed copy to the Board.
(c)    The public body may not designate its counsel or another representative to provide the announcement and summary.
(d)    Compliance by a public body or a member of a public body with subsections (b) and (c) of this section:
(1)    is not an admission to a violation of this title by the public body; and
(2)    may not be used as evidence in a proceeding conducted in accordance with § 3–401 of this title.
(e)    If the Board determines that a public body has violated a provision of this title, the Board shall post on the Maryland Open Meetings Act page of the Office of the Attorney General website the name of the public body and the opinion that describes the violation.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-212 - Complaint Process for Prospective Violation

(a)    On receipt of an oral or written complaint by any person that a meeting required to be open under this title will be closed in violation of this title, the Board, acting through its chair, a designated Board member, or any authorized staff person available to the Board, may contact the public body to determine the nature of the meeting that will be held and the reason for the expected closure of the meeting.
(b)    When at least two members of the Board conclude that a violation of this title may occur if the closed meeting is held, the person acting for the Board immediately shall inform the public body of the potential violation and any lawful means that are available for conducting its meeting to achieve the purposes of the public body.
(c)    The person acting for the Board shall inform the person who filed the complaint under subsection (a) of this section of the result of any effort to achieve compliance with this title under subsection (b) of this section.
(d)    The person acting for the Board shall file a written report with the Board describing the complaint, the effort to achieve compliance, and the results of the effort.
(e)    The filing of a complaint under subsection (a) of this section and action by a person acting for the Board under subsections (b), (c), and (d) of this section may not prevent or bar the Board from considering and acting on a written complaint filed in accordance with § 3–205 of this subtitle.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 2 - State Open Meetings Law Compliance Board › Section 3-213 - Required Training

(a)    This section does not apply to a public body that is:
(1)    in the Judicial Branch of State government; or
(2)    subject to governance by rules adopted by the Court of Appeals.
(b)    Each public body shall designate at least one individual who is an employee, an officer, or a member of the public body to receive training on the requirements of the open meetings law.
(c)    Within 90 days after being designated under subsection (b) of this section, an individual shall complete a class on the open meetings law.
(d)    (1)    This subsection applies only to a public body that meets in a closed session on or after October 1, 2017.
(2)    A public body may not meet in a closed session unless the public body has designated at least one member of the public body to receive training on the requirements of the open meetings law.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, at least one individual designated under paragraph (2) of this subsection shall be present at each open meeting of the public body.
(ii)    If an individual designated under paragraph (2) of this subsection cannot be present at an open meeting of the public body, the public body shall complete the Compliance Checklist for Meetings Subject to the Maryland Open Meetings Act developed by the Office of the Attorney General and include the completed checklist in the minutes for the meeting.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 3 - Open Meetings Requirements › Section 3-302 - Notice

(a)    Before meeting in a closed or open session, a public body shall give reasonable advance notice of the session.
(b)    Whenever reasonable, a notice under this section shall:
(1)    be in writing;
(2)    include the date, time, and place of the session; and
(3)    if appropriate, include a statement that a part or all of a meeting may be conducted in closed session.
(c)    A public body may give the notice under this section as follows:
(1)    if the public body is a unit of State government, by publication in the Maryland Register;
(2)    by delivery to representatives of the news media who regularly report on sessions of the public body or the activities of the government of which the public body is a part;
(3)    if the public body previously has given public notice that this method will be used:
(i)    by posting or depositing the notice at a convenient public location at or near the place of the session; or
(ii)    by posting the notice on an Internet website ordinarily used by the public body to provide information to the public; or
(4)    by any other reasonable method.
(d)    A public body shall keep a copy of a notice provided under this section for at least 3 years after the date of the session.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 3 - Open Meetings Requirements › Section 3-302.1 - Availability of Agenda to Public

(a)    (1)    Subject to subsection (b) of this section, before meeting in an open session, a public body shall make available to the public an agenda:
(i)    containing known items of business or topics to be discussed at the portion of the meeting that is open; and
(ii)    indicating whether the public body expects to close any portion of the meeting in accordance with § 3–305 of this subtitle.
(2)    If an agenda has been determined at the time the public body gives notice of the meeting under § 3–302 of this subtitle, the public body shall make available the agenda at the same time the public body gives notice of the meeting.
(3)    If an agenda has not been determined at the time the public body gives notice of the meeting, the public body shall make available the agenda as soon as practicable after the agenda has been determined but no later than 24 hours before the meeting.
(b)    If a public body is unable to comply with the provisions of subsection (a) of this section because the meeting was scheduled in response to an emergency, a natural disaster, or any other unanticipated situation, the public body shall make available on request an agenda of the meeting within a reasonable time after the meeting occurs.
(c)    A public body is not required to make available any information in the agenda regarding the subject matter of the portion of the meeting that is closed in accordance with § 3–305 of this subtitle.
(d)    (1)    A public body required to make available an agenda under subsection (a) of this section may make available the agenda using a method authorized for giving notice under § 3–302(c) of this subtitle.
(2)    The method a public body uses for making available an agenda may be different from the method a public body uses for giving notice.
(e)    Nothing in this section may be construed to prevent a public body from altering the agenda of a meeting after the agenda has been made available to the public.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 3 - Open Meetings Requirements › Section 3-303 - Attendance at Open Session

(a)    Whenever a public body meets in open session, the general public is entitled to attend.
(b)    A public body shall adopt and enforce reasonable rules regarding the conduct of persons attending its meetings and the videotaping, televising, photographing, broadcasting, or recording of its meetings.
(c)    (1)    If the presiding officer determines that the behavior of an individual is disrupting an open session, the public body may have the individual removed.
(2)    Unless the public body or its members or agents act maliciously, the public body, members, and agents are not liable for having an individual removed under this subsection.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 3 - Open Meetings Requirements › Section 3-304 - Interpreters

(a)    This section applies only to the Executive and Legislative branches of the State government.
(b)    On request and to the extent feasible, a unit that holds a public hearing shall provide a qualified interpreter to assist deaf individuals to understand the proceeding.
(c)    A request for an interpreter must be submitted in writing or by telecommunication at least 5 days before the proceeding begins.
(d)    The unit shall determine, in each instance, whether it is feasible to provide an interpreter.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 3 - Open Meetings Requirements › Section 3-306 - Minutes; Online Posting

(a)    This section does not:
(1)    require any change in the form or content of the Journal of the Senate of Maryland or Journal of the House of Delegates of Maryland; or
(2)    limit the matters that a public body may include in its minutes.
(b)    (1)    Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have minutes of its session prepared.
(2)    A public body need not prepare minutes of an open session if:
(i)    live and archived video or audio streaming of the open session is available; or
(ii)    the public body votes on legislation and the individual votes taken by each member of the public body who participates in the voting are posted promptly on the Internet.
(3)    The information specified under paragraph (2) of this subsection shall be deemed the minutes of the open session.
(c)    (1)    The minutes shall reflect:
(i)    each item that the public body considered;
(ii)    the action that the public body took on each item; and
(iii)    each vote that was recorded.
(2)    If a public body meets in closed session, the minutes for its next open session shall include:
(i)    a statement of the time, place, and purpose of the closed session;
(ii)    a record of the vote of each member as to closing the session;
(iii)    a citation of the authority under § 3–305 of this subtitle for closing the session; and
(iv)    a listing of the topics of discussion, persons present, and each action taken during the session.
(3)    (i)    A session may be recorded by a public body.
(ii)    Except as otherwise provided in paragraph (4) of this subsection, the minutes and any recording of a closed session shall be sealed and may not be open to public inspection.
(4)    The minutes and any recording shall be unsealed and open to inspection as follows:
(i)    for a meeting closed under § 3–305(b)(5) of this subtitle, when the public body invests the funds;
(ii)    for a meeting closed under § 3–305(b)(6) of this subtitle, when the public securities being discussed have been marketed; or
(iii)    on request of a person or on the public body’s own initiative, if a majority of the members of the public body present and voting vote in favor of unsealing the minutes and any recording.
(d)    Except as provided in subsection (c) of this section, minutes of a public body are public records and shall be open to public inspection during ordinary business hours.
(e)    (1)    A public body shall keep a copy of the minutes of each session and any recording made under subsection (b)(2)(i) or (c)(3)(i) of this section for at least 5 years after the date of the session.
(2)    To the extent practicable, a public body shall post online the minutes or recordings required to be kept under paragraph (1) of this subsection.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 4 - Enforcement › Section 3-401 - In General

(a)    (1)    This section does not apply to the action of:
(i)    appropriating public funds;
(ii)    imposing a tax; or
(iii)    providing for the issuance of bonds, notes, or other evidences of public obligation.
(2)    This section does not authorize a court to void an action of a public body because of any violation of this title by another public body.
(3)    This section does not affect or prevent the use of any other available remedies.
(b)    (1)    If a public body fails to comply with § 3–301, § 3–302, § 3–303, § 3–305, or § 3–306(c) of this title, any person may file with a circuit court that has venue a petition that asks the court to:
(i)    determine the applicability of those sections;
(ii)    require the public body to comply with those sections; or
(iii)    void the action of the public body.
(2)    If a violation of § 3–302, § 3–305, or § 3–306(c) of this title is alleged, the person shall file the petition within 45 days after the date of the alleged violation.
(3)    If a violation of § 3–301 or § 3–303 of this title is alleged, the person shall file the petition within 45 days after the public body includes in the minutes of an open session the information specified in § 3–306(c)(2) of this title.
(4)    If a written complaint is filed with the Board in accordance with § 3–205 of this title, the time between the filing of the complaint and the mailing of the written opinion to the complainant and the affected public body under § 3–207(d) of this title may not be included in determining whether a claim against a public body is barred by the statute of limitations set forth in paragraphs (2) and (3) of this subsection.
(c)    In an action under this section:
(1)    it is presumed that the public body did not violate any provision of this title; and
(2)    the complainant has the burden of proving the violation.
(d)    A court may:
(1)    consolidate a proceeding under this section with another proceeding under this section or an appeal from the action of the public body;
(2)    issue an injunction;
(3)    determine the applicability of this title to the discussions or decisions of public bodies;
(4)    declare the final action of a public body void if the court finds that the public body willfully failed to comply with § 3–301, § 3–302, § 3–303, or § 3–306(c) of this title and that no other remedy is adequate;
(5)    as part of its judgment:
(i)    assess against any party reasonable counsel fees and other litigation expenses that the party who prevails in the action incurred; and
(ii)    require a reasonable bond to ensure the payment of the assessment; and
(6)    grant any other appropriate relief.
(e)    (1)    A person may file a petition under this section without seeking an opinion from the Board.
(2)    The failure of a person to file a complaint with the Board is not a ground for the court to stay or dismiss a petition.
2023 Maryland Statutes › General Provisions › Title 3 - Open Meetings Act › Subtitle 4 - Enforcement › Section 3-402 - Penalty

(a)    In accordance with § 3–401 of this subtitle, a public body that willfully meets with knowledge that the meeting is being held in violation of this subtitle is subject to a civil penalty not to exceed:
(1)    $250 for the first violation; and
(2)    $1,000 for each subsequent violation that occurs within 3 years after the first violation.
(b)    When determining the amount of a fine under subsection (a) of this section, the court shall consider the financial resources available to the public body and the ability of the public body to pay the fine.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1 - Definitions; General Provisions › Section 4-102 - Limitation on Records

The State, a political subdivision, or a unit of the State or of a political subdivision may keep only the information about a person that:
(1)    is needed by the State, the political subdivision, or the unit to accomplish a governmental purpose that is authorized or required to be accomplished under:
(i)    a statute or any other legislative mandate;
(ii)    an executive order of the Governor;
(iii)    an executive order of the chief executive of a local jurisdiction; or
(iv)    a judicial rule; and
(2)    is relevant to accomplishment of the purpose.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1 - Definitions; General Provisions › Section 4-103 - General Right to Information

(a)    All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees.
(b)    To carry out the right set forth in subsection (a) of this section, unless an unwarranted invasion of the privacy of a person in interest would result, this title shall be construed in favor of allowing inspection of a public record, with the least cost and least delay to the person or governmental unit that requests the inspection.
(c)    This title does not preclude a member of the General Assembly from acquiring the names and addresses of and statistical information about individuals who are licensed or, as required by a State law, registered.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1 - Definitions; General Provisions › Section 4-104 - Proactive Disclosure of Public Records Available for Inspection -- Policy Adopted

(a)    Each official custodian shall adopt a policy of proactive disclosure of public records that are available for inspection under this title.
(b)    The policy adopted under subsection (a) of this section may:
(1)    vary as appropriate to the type of public record and to reflect the staff and budgetary resources of the governmental unit; and
(2)    include publication of public records on the website of the governmental unit, to the extent practicable, or publication of prior responses to requests for inspection made under this title.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1A - State Public Information Act Compliance Board › Section 4-1A-02 - Membership; Chair; Term

(a)    (1)    The Board consists of five members.
(2)    (i)    One member of the Board shall be a representative:
1.    from a nongovernmental nonprofit group that is organized in the State;
2.    who works on issues related to transparency or open government; and
3.    who is nominated by representatives of the open government and news media communities.
(ii)    One member of the Board shall:
1.    have knowledge of the provisions of this title;
2.    have served as a custodian in the State as defined in § 4–101(d) of this title; and
3.    be nominated by the Maryland Association of Counties and the Maryland Municipal League.
(iii)    1.    Three members of the Board shall be private citizens of the State.
2.    A private citizen member of the Board may not be:
A.    a custodian of a public record;
B.    a member of the news media; or
C.    a staff member or spokesperson for an organization that represents the interests of custodians or applicants for public records.
(3)    At least two members of the Board shall be attorneys admitted to the Maryland Bar.
(4)    At least one member of the Board shall be knowledgeable about electronic records, including electronic storage, retrieval, review, and reproduction technologies.
(5)    (i)    The Governor shall publish, on the website of the Office of the Governor, notice of the Governor’s intent to consider applicants for positions on the Board.
(ii)    The notice shall include:
1.    application procedures;
2.    criteria for evaluating an applicant’s qualifications; and
3.    procedures for resolving any conflicts of interest.
(iii)    The Governor shall solicit recommendations for positions on the Board from representatives of the custodian, news media, and nonprofit communities.
(iv)    1.    An individual may submit to the Governor an application for membership on the Board as provided under subparagraph (ii) of this paragraph.
2.    The names and qualifications of applicants shall be posted on the website of the Office of the Governor.
(v)    When evaluating an applicant, the Governor shall:
1.    consider the need for geographic, political, racial, ethnic, cultural, and gender diversity on the Board; and
2.    ensure the neutrality of the Board.
(6)    Subject to paragraphs (2) through (4) of this subsection and with the advice and consent of the Senate, the Governor shall appoint the members of the Board from the pool of applicants under paragraph (5) of this subsection.
(b)    From among the members of the Board, the Governor shall appoint a chair.
(c)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2015.
(3)    At the end of a term, a member continues to serve until a successor is appointed.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.
(5)    A member may not serve for more than two consecutive 3–year terms.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1A - State Public Information Act Compliance Board › Section 4-1A-03 - Quorum; Meetings; Compensation; Staffing and Office Space

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall determine the times and places of its meetings.
(c)    A member of the Board:
(1)    may not receive compensation as a member of the Board; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    (1)    Subject to paragraph (2) of this subsection, the Office of the Attorney General shall provide staff and office space for the Board.
(2)    The Office of the Attorney General shall provide at least two staff members to assist the Board and the Office of the Public Access Ombudsman to carry out the duties of the Board under this subtitle and the Office under Subtitle 1B of this title.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1A - State Public Information Act Compliance Board › Section 4-1A-04 - Duties

(a)    The Board shall:
(1)    receive, review, and, subject to § 4–1A–07 of this subtitle, resolve complaints filed under § 4–1A–05 of this subtitle from any applicant or the applicant’s designated representative alleging that a custodian:
(i)    denied inspection of a public record in violation of this title;
(ii)    charged an unreasonable fee under § 4–206 of this title of more than $350; or
(iii)    failed to respond to a request for a public record within the time limits established under § 4–203(a) or (d) of this title;
(2)    issue a written decision as to whether a violation has occurred; and
(3)    order the custodian to:
(i)    if the Board finds that the custodian has denied inspection of a public record in violation of this title, produce the public record for inspection;
(ii)    if the Board finds that the custodian charged an unreasonable fee under § 4–206 of this title, reduce the fee to an amount determined by the Board to be reasonable and refund the difference; or
(iii)    if the Board finds that the custodian failed to respond to a request for a public record within the time limits established under § 4–203(a) or (d) of this title:
1.    promptly respond; and
2.    at the Board’s discretion and only if the written decision includes the Board’s reasons for ordering the waiver, waive all or part of the fee the custodian is otherwise entitled to charge under § 4–206 of this title.
(b)    The Board shall:
(1)    receive, review, and, subject to § 4–1A–07 of this subtitle, resolve complaints filed under § 4–1A–05 of this subtitle from any custodian alleging that an applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith;
(2)    issue a written decision as to whether the applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith; and
(3)    if the Board finds that the applicant’s request is frivolous, vexatious, or in bad faith, based on the totality of the circumstances including the number and scope of the applicant’s past requests and the custodian’s responses to past requests and efforts to cooperate with the applicant, issue an order authorizing the custodian to:
(i)    ignore the request that is the subject of the custodian’s complaint; or
(ii)    respond to a less burdensome version of the request within a reasonable time frame, as determined by the Board.
(c)    The Board shall:
(1)    adopt regulations to carry out this subtitle;
(2)    study ongoing compliance with this title by custodians; and
(3)    make recommendations to the General Assembly for improvements to this title.
(d)    (1)    On or before October 1 of each year, the Board shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.
(2)    The report shall:
(i)    describe the activities of the Board;
(ii)    describe the decisions of the Board;
(iii)    state the number and nature of complaints filed with the Board; and
(iv)    recommend any improvements to this title.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1A - State Public Information Act Compliance Board › Section 4-1A-05 - Unreasonable Fee Complaints

(a)    Any applicant, the applicant’s designated representative, or a custodian may file a written complaint with the Board seeking a written decision and order from the Board under § 4–1A–04 of this subtitle if:
(1)    the complainant has attempted to resolve the dispute through the Office of the Public Access Ombudsman under § 4–1B–04 of this title; and
(2)    the Public Access Ombudsman has issued a final determination stating that the dispute was not resolved.
(b)    The complaint shall:
(1)    identify the custodian or applicant that is the subject of the complaint;
(2)    describe the action of the custodian or applicant, the date of the action, and the circumstances of the action;
(3)    be signed by the complainant;
(4)    if available, include a copy of the original request for public records and the custodian’s response, if any; and
(5)    be filed within 30 calendar days after the complainant receives the final determination of the Public Access Ombudsman under § 4–1B–04 of this title.
2023 Maryland Statutes › General Provisions › Title 4 - Public Information Act › Subtitle 1A - State Public Information Act Compliance Board › Section 4-1A-06 - Response

(a)    Except as provided in subsection (c) of this section, on receipt of a written complaint, the Board promptly shall:
(1)    send the complaint to the custodian or applicant identified in the complaint; and
(2)    request that a response to the complaint be sent to the Board.
(b)    (1)    The custodian or applicant shall file a written response to the complaint within 30 calendar days after receiving the complaint.
(2)    On request of the Board, the custodian shall provide:
(i)    if the complaint alleges that the custodian failed to respond to a request for a public record within the time limits established under § 4–203 of this title, a response to the request for the public record;
(ii)    if the complaint alleges that the custodian denied inspection of a public record in violation of this title:
1.    a copy of the public record, descriptive index of the public record, or written reason why the record cannot be disclosed, as appropriate; and
2.    the provision of law on which the custodian relied in denying inspection of the public record; or
(iii)    if the complaint alleges that the custodian charged an unreasonable fee under § 4–206 of this title, the basis for the fee that was charged.
(3)    (i)    If the complaint alleges that the custodian denied inspection of a public record under § 4–301(a)(2)(ii) of this title, the custodian may not be required to produce the public record for Board review.
(ii)    The Board may request information about the public record from the custodian.
(4)    On request of the Board, a custodian or an applicant shall provide an affidavit or a statement containing the facts that are at issue in the complaint.
(5)    The Board shall maintain the confidentiality of any record or information submitted by a custodian or an applicant under this subsection.
(6)    A custodian may not be civilly or criminally liable under Maryland law for providing or describing a public record to the Board under this subsection.
(7)    The provision of a record or a description of a record to the Board under this subsection may not be construed as a waiver of any applicable privilege.
(c)    If a written response or information requested under subsection (b) of this section is not received within 30 calendar days after the request is sent, the Board shall decide the case on the facts before the Board.