reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-208 - Notice of Hearing

(a)    An agency or the Office shall give all parties in a contested case reasonable written notice of the hearing.
(b)    The notice shall state:
(1)    the date, time, place, and nature of the hearing;
(2)    the right to call witnesses and submit documents or other evidence under § 10-213(f) of this subtitle;
(3)    any applicable right to request subpoenas for witnesses and evidence and specify the costs, if any, associated with such a request;
(4)    that a copy of the hearing procedure is available on request and specify the costs associated with such a request;
(5)    any right or restriction pertaining to representation;
(6)    that failure to appear for the scheduled hearing may result in an adverse action against the party; and
(7)    that, unless otherwise prohibited by law, the parties may agree to the evidence and waive their right to appear at the hearing.
(c)    The notice of hearing may be consolidated with the notice of agency action required under § 10-207 of this subtitle.
(d)    For purposes of this subtitle, publication in the Maryland Register does not constitute reasonable notice to a party.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-209 - Notice Mailed to Address of Licensee

(a)    Where a licensing statute provides for service other than by regular mail, notice under this subtitle may be sent by regular mail to the address of record of a person holding a license issued by the agency if:
(1)    the person is required by law to advise the agency of the address; and
(2)    the agency has been unsuccessful in giving notice in the manner otherwise provided by the licensing statute.
(b)    Upon a showing that the person neither knew nor had reasonable opportunity to know of the fact of service, a person served by regular mail under subsection (a) of this section shall be granted a hearing.
(c)    A person holding a license shall be deemed to have had a reasonable opportunity to know of the fact of service if:
(1)    the person is required by law to notify the agency of a change of address within a specified period of time;
(2)    the person failed to notify the agency in accordance with the law;
(3)    the agency or the Office mailed the notice to the address of record; and
(4)    the agency did not have actual notice of the change of address prior to service.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-210 - Dispositions

Unless otherwise precluded by law, an agency or the Office may dispose of a contested case by:
(1)    stipulation;
(2)    settlement;
(3)    consent order;
(4)    default;
(5)    withdrawal;
(6)    summary disposition; or
(7)    dismissal.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-211 - Hearings Conducted by Electronic Means

(a)    In accordance with subsection (b) of this section, a hearing may be conducted by telephone, video conferencing, or other electronic means.
(b)    (1)    For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means.
(2)    If a party establishes good cause in opposition to the holding of a hearing by telephone or other similar audio electronic means, the hearing shall be held in person or by video conferencing or other similar audiovisual electronic means.
(3)    If a party establishes good cause in opposition to the holding of a hearing by video conferencing or other similar audiovisual electronic means, the hearing shall be conducted in person.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-212.1 - Interpreters

(a)    (1)    In a contested case, a party or witness may apply to the agency for the appointment of a qualified interpreter to assist that party or witness, if the party or witness is deaf or, because of a hearing impediment, cannot readily understand or communicate the spoken English language.
(2)    On application of the party or witness the agency shall appoint a qualified interpreter.
(3)    In selecting a qualified interpreter for appointment, the agency may consult the directory of interpreters for manual communication or oral interpretation to assist deaf persons that is maintained by the courts of the State.
(b)    (1)    An interpreter appointed under this section shall be allowed the compensation that the agency considers reasonable.
(2)    Subject to paragraph (3) of this subsection, the compensation shall be paid by the agency.
(3)    If the agency has the authority to tax for services and expenses as a part of the costs of a case, the agency may tax the amount paid to an interpreter as a part of these services and expenses in accordance with the federal Americans with Disabilities Act.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-213 - Evidence

(a)    (1)    Each party in a contested case shall offer all of the evidence that the party wishes to have made part of the record.
(2)    If the agency has any evidence that the agency wishes to use in adjudicating the contested case, the agency shall make the evidence part of the record.
(b)    The presiding officer may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence.
(c)    Evidence may not be excluded solely on the basis that it is hearsay.
(d)    The presiding officer may exclude evidence that is:
(1)    incompetent;
(2)    irrelevant;
(3)    immaterial; or
(4)    unduly repetitious.
(e)    The presiding officer shall apply a privilege that law recognizes.
(f)    On a genuine issue in a contested case, each party is entitled to:
(1)    call witnesses;
(2)    offer evidence, including rebuttal evidence;
(3)    cross-examine any witness that another party or the agency calls; and
(4)    present summation and argument.
(g)    The presiding officer may receive documentary evidence:
(1)    in the form of copies or excerpts; or
(2)    by incorporation by reference.
(h)    (1)    The agency or the Office may take official notice of a fact that is:
(i)    judicially noticeable; or
(ii)    general, technical, or scientific and within the specialized knowledge of the agency.
(2)    Before taking official notice of a fact, the presiding officer:
(i)    before or during the hearing, by reference in a preliminary report, or otherwise, shall notify each party; and
(ii)    shall give each party an opportunity to contest the fact.
(i)    The agency or the Office may use its experience, technical competence, and specialized knowledge in the evaluation of evidence.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-214 - Consideration of Other Evidence

(a)    Findings of fact must be based exclusively on the evidence of record in the contested case proceeding and on matters officially noticed in that proceeding.
(b)    In a contested case, the Office is bound by any agency regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the agency is or would have been bound if it were hearing the case.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-215 - Transcription of Proceedings; Fees

(a)    Except as provided in subsection (b) of this section, all or part of proceedings in a contested case shall be transcribed if any party:
(1)    requests the transcription; and
(2)    pays any required costs.
(b)    If a petition for judicial review is filed in circuit court by a Maryland Medical Assistance Program recipient, applicant, or authorized representative, the petitioner may not be charged a fee for the costs of:
(1)    the transcription; or
(2)    the preparation or delivery of the Office record to the circuit court or to a party.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-216 - Exceptions

(a)    (1)    In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:
(i)    file exceptions with the agency to the proposed decision; and
(ii)    present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.
(2)    In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:
(i)    file exceptions to the proposed decision with the agency; and
(ii)    present argument to a majority of the officials who are to make the final decision.
(3)    If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall:
(i)    personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and
(ii)    except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.
(b)    The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-218 - Contents of Record

The presiding officer hearing a contested case shall make a record that includes:
(1)    all motions and pleadings;
(2)    all documentary evidence that the agency or Office receives;
(3)    a statement of each fact of which the agency or Office has taken official notice;
(4)    any staff memorandum submitted to an individual who is involved in the decision making process of the contested case by an official or employee of the agency who is not authorized to participate in the decision making process;
(5)    each question;
(6)    each offer of proof;
(7)    each objection and the ruling on the objection;
(8)    each finding of fact or conclusion of law proposed by:
(i)    a party; or
(ii)    the presiding officer;
(9)    each exception to a finding or conclusion proposed by a presiding officer; and
(10)    each intermediate proposed and final ruling by or for the agency, including each report or opinion issued in connection with the ruling.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-219 - Ex Parte Communications

(a)    (1)    Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:
(i)    any party to the case or the party’s representative or attorney; or
(ii)    any person who presided at a previous stage of the case.
(2)    An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case.
(b)    If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section.
(c)    An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall:
(1)    give notice to all parties;
(2)    include in the record of the contested case:
(i)    each written communication received;
(ii)    a memorandum that states the substance of each oral communication received;
(iii)    each written response to a communication; and
(iv)    a memorandum that states the substance of each oral response to the communication; and
(3)    send to each party a copy of each communication, memorandum, and response.
(d)    A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.
(e)    (1)    To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:
(i)    withdraw from the proceeding; or
(ii)    terminate the proceeding without prejudice.
(2)    An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-220 - Proposed Decisions and Orders

(a)    If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency’s delegation under § 10-205 of this subtitle.
(b)    The Office shall send its proposed findings, conclusions, or orders:
(1)    to the parties and the agency directly; or
(2)    if the agency’s delegation under § 10-205 of this subtitle requires, to the agency for distribution by the agency to the parties.
(c)    (1)    Within 60 days after receipt of the Office’s proposed findings, conclusions, or order under subsection (b)(2) of this section, the agency shall:
(i)    review the Office’s proposed findings, conclusions, or order;
(ii)    issue the proposed decision, which may include the Office’s proposed findings, conclusions, or order with or without modification; and
(iii)    send the proposed decision and a copy of the Office’s proposed findings, conclusions, or order to the parties.
(2)    The time limit specified in paragraph (1) of this subsection may be extended by the agency head, board, or commission with written notice to the parties.
(d)    A proposed decision or order, including proposed decisions or orders issued for contested case hearings subject to this subtitle but not conducted by the Office, shall:
(1)    be in writing or stated on the record;
(2)    contain separate findings of fact and conclusions of law;
(3)    include an explanation of procedures and time limits for filing exceptions; and
(4)    if the Office conducted the hearing and the agency’s proposed decision includes any changes, modifications, or amendments to the Office’s proposed findings, conclusions, or orders, contain an explanation of the reasons for each change, modification, or amendment.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-221 - Final Decisions and Orders

(a)    A final decision or order in a contested case that is adverse to a party shall be in writing or stated on the record.
(b)    (1)    A final decision or order in a contested case, including a remand of a proposed decision, shall contain separate statements of:
(i)    the findings of fact;
(ii)    the conclusions of law; and
(iii)    the order.
(2)    A written statement of appeal rights shall be included with the decision.
(3)    If the findings of fact are stated in statutory language, the final decision shall state concisely and explicitly the facts that support the findings.
(4)    If, in accordance with regulations, a party submitted proposed findings of fact, the final decision shall state a ruling on each proposed finding.
(c)    The final decision maker promptly shall deliver or mail a copy of the final decision or order to:
(1)    each party; or
(2)    the party’s attorney of record.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-222.1 - Administrative Orders

(a)    A party to a contested case may timely seek civil enforcement of an administrative order by filing a petition for civil enforcement in an appropriate circuit court.
(b)    Unless otherwise required by statute, a party shall file a petition for civil enforcement of an administrative order in the circuit court for the county where any party resides or has a principal place of business.
(c)    In an action seeking civil enforcement of an administrative order, a party shall name, as a defendant, each alleged violator against whom the party seeks to obtain civil enforcement.
(d)    A party may file an action for civil enforcement of an administrative order if another party is in violation of the administrative order.
(e)    A party in an action for civil enforcement of an administrative order may request, and a court may grant, one or more of the following forms of relief:
(1)    declaratory relief;
(2)    temporary or permanent injunctive relief;
(3)    a writ of mandamus; or
(4)    any other civil remedy provided by law.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-223 - Appeals to Appellate Court of Maryland

(a)    This section does not apply to:
(1)    a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Court of Special Appeals is specifically provided; or
(2)    a final judgment on actions of the Inmate Grievance Office.
(b)    (1)    A party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner that law provides for appeal of civil cases.
(2)    An agency that was a party in the circuit court may appeal under paragraph (1) of this subsection.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-224 - Litigation Expenses for Small Businesses and Nonprofit Organizations

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Business” means a trade, professional activity, or other business that is conducted for profit.
(3)    “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.
(b)    This section applies only to:
(1)    an agency operating statewide;
(2)    a business that, on the date when the contested case or civil action is initiated, meets the definition of a small business under § 2–1505.2 of this article; and
(3)    a nonprofit organization.
(c)    Subject to the limitations in this section, an agency or court may award to a business or nonprofit organization reimbursement for expenses that the business or nonprofit organization reasonably incurs in connection with a contested case or civil action that:
(1)    is initiated against the business or nonprofit organization by an agency as part of an administrative or regulatory function;
(2)    is initiated without substantial justification or in bad faith; and
(3)    does not result in:
(i)    an adjudication, stipulation, or acceptance of liability of the business or nonprofit organization;
(ii)    a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the business or nonprofit organization; or
(iii)    a settlement agreement under which the business or nonprofit organization agrees to take corrective action or to pay a monetary sum.
(d)    (1)    To qualify for an award under this section when the agency has initiated a contested case, the business or nonprofit organization must make a claim to the agency before taking any appeal.
(2)    The agency shall act on the claim.
(e)    (1)    An award under this section may include:
(i)    the expenses incurred in the contested case;
(ii)    court costs;
(iii)    counsel fees; and
(iv)    the fees of necessary witnesses.
(2)    An award under this section may not exceed $10,000.
(3)    The court may reduce or deny an award to the extent that the conduct of the business or nonprofit organization during the proceedings unreasonably delayed the resolution of the matter in controversy.
(f)    An award under this section shall be paid as provided in the State budget.
(g)    (1)    If the agency denies an award under this section, the business or nonprofit organization may appeal, as provided in this subtitle.
(2)    An agency may appeal an award that a court makes under this section.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-225 - Suspension of Provisions

(a)    Upon a finding by the Governor that there is an imminent threat within a time certain of a loss or denial of federal funds to the State because of the operation of any section of this subtitle or of Title 9, Subtitle 16 of this article, the Governor by executive order may suspend the applicability of part or all of this subtitle or of Title 9, Subtitle 16 of this article to a specific class of contested cases.
(b)    A suspension under this section is effective only so long as, and to the extent, necessary to avoid a denial or loss of federal funds to the State.
(c)    The executive order shall explain the basis for the Governor’s finding and state the period of time during which the suspension is to be effective.
(d)    The Governor shall declare the termination of a suspension when it is no longer necessary to prevent the loss or denial of federal funds.
(e)    An executive order issued under this section shall be:
(1)    presented to the Legislative Policy Committee; and
(2)    published in the Maryland Register pursuant to § 7–206(a)(2)(iii) of this article.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-226 - Licenses -- Special Provisions

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “License” means all or any part of permission that:
(i)    is required by law to be obtained from a unit;
(ii)    is not required only for revenue purposes; and
(iii)    is in any form, including:
1.    an approval;
2.    a certificate;
3.    a charter;
4.    a permit; or
5.    a registration.
(3)    “Unit” means an officer or unit that is authorized by law to:
(i)    adopt regulations subject to Subtitle 1 of this title; or
(ii)    adjudicate contested cases under this subtitle.
(b)    If, at least 2 calendar weeks before a license expires, the licensee makes sufficient application for renewal of the license, the license does not expire until:
(1)    the unit takes final action on the application; and
(2)    either:
(i)    the time for seeking judicial review of the action expires; or
(ii)    any judicial stay of the unit’s final action expires.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a unit may not revoke or suspend a license unless the unit first gives the licensee:
(i)    written notice of the facts that warrant suspension or revocation; and
(ii)    an opportunity to be heard.
(2)    A unit may order summarily the suspension of a license if the unit:
(i)    finds that the public health, safety, or welfare imperatively requires emergency action; and
(ii)    promptly gives the licensee:
1.    written notice of the suspension, the finding, and the reasons that support the finding; and
2.    an opportunity to be heard.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings › Section 10-301 - "Unit" Defined

In this subtitle, “unit” means an officer or unit that is authorized by law to:
(1)    adopt regulations subject to Subtitle 1 of this title; or
(2)    adjudicate contested cases subject to Subtitle 2 of this title.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings › Section 10-302 - Scope of Subtitle

(a)    This subtitle does not apply to:
(1)    the Governor;
(2)    the Department of Assessments and Taxation;
(3)    the Board of Appeals of the Maryland Department of Labor;
(4)    the Insurance Administration;
(5)    the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(6)    the Public Service Commission;
(7)    the Maryland Tax Court; or
(8)    the State Workers’ Compensation Commission.
(b)    If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this subtitle, this subtitle does not apply to the Fund with respect to that matter.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings › Section 10-303 - Political Subdivisions and Instrumentalities

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings › Section 10-304 - Petition for Ruling

(a)    An interested person may submit to a unit a petition for a declaratory ruling with respect to the manner in which the unit would apply a regulation or order of the unit or a statute that the unit enforces to a person or property on the facts set forth in the petition.
(b)    Each unit shall adopt regulations that set:
(1)    the form for a petition under this section; and
(2)    procedures for the submission, consideration, and disposition of the petition.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings › Section 10-305 - Ruling

(a)    A unit may issue a declaratory ruling.
(b)    A declaratory ruling binds the unit and the petitioner on the facts set forth in the petition.
(c)    A declaratory ruling under this section is subject to review in a circuit court in the manner that Subtitle 2 of this title provides for the review of a contested case.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 4 - Compliance With Workers' Compensation Act › Section 10-401 - Compliance With Workers' Compensation Act Required

Before a State agency issues a license or permit to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the State agency:
(1)    a certificate of compliance with the Maryland Workers’ Compensation Act; or
(2)    the number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part I - Forms Management › Section 10-601 - Definitions

(a)    In this Part I of this subtitle the following words have the meanings indicated.
(b)    “Department” means a principal department of the Executive Branch of the State government.
(c)    “Division” means the Records Management Division of the Department of General Services.
(d)    “Form” means a document that has a standard format for the systematic and repetitive collection, maintenance, or transmission of information.
(e)    “Independent unit” means a unit of the State government that is not in a department.
(f)    “Plan” means a forms management plan for a department or independent unit.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part I - Forms Management › Section 10-602 - Forms Management Officer

(a)    The head of each department and each independent unit shall designate, from among its staff, a forms management officer for the department or independent unit.
(b)    The forms management officer shall:
(1)    subject to the approval of the Division:
(i)    keep a current plan for the management of the forms that the unit uses; and
(ii)    administer the plan; and
(2)    submit the plan, including each revision, to the Division.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part I - Forms Management › Section 10-603 - Plan

(a)    The plan shall:
(1)    ensure that the forms management officer approves the use of a form by the department or independent unit only if the form:
(i)    is needed for the effective or efficient operation of the department or independent unit;
(ii)    requests information that is needed for or relevant to a lawful purpose of the department or independent unit;
(iii)    does not impose an undue burden on the individual who is to complete the form;
(iv)    is as brief, as plainly written, as well designed, and as easily completed as possible; and
(v)    does not duplicate unnecessarily:
1.    another form of the department or independent unit; or
2.    a form of another department or independent unit;
(2)    require a register of the forms that the forms management officer approves;
(3)    require identification of each form in accordance with a standard identification system of the Division;
(4)    provide for the most economical system by which to prepare, reproduce, and use a form; and
(5)    require the forms management officer:
(i)    to review periodically each form that has been approved to determine whether the officer still approves the form; and
(ii)    if not, to remove the form from the register.
(b)    In addition to any duties set forth elsewhere, the Division shall:
(1)    develop a standard identification system to identify forms;
(2)    help each department and independent unit to:
(i)    develop a proposed plan; and
(ii)    coordinate the proposed plan with other plans;
(3)    review each proposed plan;
(4)    approve each proposed plan that meets the requirements of this section; and
(5)    monitor and help in the administration of each plan to ensure compliance.
(c)    (1)    In the preparation of a form that requires identification of individuals by race, a department or independent unit shall include the following racial categories:
(i)    American Indian or Alaska Native;
(ii)    Asian;
(iii)    Black or African American;
(iv)    Native Hawaiian or other Pacific Islander; and
(v)    White.
(2)    A form that requires identification of individuals by race shall include instructions that multiracial respondents may select all applicable racial categories.
(3)    (i)    Respondents shall select their own answers, except when it is not possible for the respondent to do so.
(ii)    In the event that a respondent is not able to select an answer, an observer, such as a family member or friend, may select the answer on behalf of the respondent.
(4)    A form that requires identification of individuals by race shall include a separate question about whether a respondent is of Hispanic or Latino origin, with the question preceding the racial category question.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part I - Forms Management › Section 10-605 - Annual Report

(a)    On or before July 31 of each year, each department or independent unit shall submit to the Division an annual report on its activities as to the management of its forms during the previous fiscal year.
(b)    On or before September 1 of each year, the Division shall submit, subject to § 2–1257 of this article, to the General Assembly an annual report that consolidates the reports of the departments and independent units.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part II - Records Management › Section 10-608 - Definitions

(a)    In this Part II of this subtitle the following words have the meanings indicated.
(b)    “Archives” means the State Archives.
(c)    “Division” means the Records Management Division of the Department of General Services.
(d)    “Program” means a program for the management of the records of a unit of the State government.
(e)    “Records officer” means any individual designated under § 10–610(b) of this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part II - Records Management › Section 10-609 - Regulations

The Division and the State Archivist jointly shall adopt regulations to:
(1)    define the character of records of archival quality;
(2)    determine the quantity of those records;
(3)    set standards for the development of record retention and disposal schedules; and
(4)    provide for the periodic transfer to the State Archivist or disposal of records, in accordance with the schedules.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part II - Records Management › Section 10-610 - Records Management Program; Records Officer

(a)    (1)    Each unit of the State government shall have a program for the continual, economical, and efficient management of the records of the unit.
(2)    The program shall include procedures for:
(i)    the security of the records;
(ii)    the establishment and revision, in accordance with the regulations, record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that the unit no longer needs for its operation;
(iii)    the maintenance of inventories of records series that are accurate and complete; and
(iv)    the transfer of permanent records to the custody of the Archives.
(b)    Each head of a unit of State government shall designate, from among the unit’s executive staff, a records officer for the unit to:
(1)    serve as liaison to the Division and the Archives; and
(2)    develop and oversee the program.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part II - Records Management › Section 10-611 - Duties of Division

The Division shall:
(1)    inspect the records of the units of the State government;
(2)    study the records management practices of the units of State government;
(3)    review a proposal to buy or rent equipment, storage space, or services for records, including microfilming or photocopying, and, as appropriate, make recommendations about the proposal to:
(i)    the Department of Budget and Management; or
(ii)    the Board of Public Works;
(4)    on July 1, 1985 and for each subsequent 5–year period, report a series analysis of the character and quantity of records that a unit of the State government holds and that an official of the State government or the head of a unit is required or is permitted to offer to the State Archives; and
(5)    otherwise further the programs of each unit of the State government.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part III - Disposition of Records and Other Materials › Section 10-614 - Definitions

(a)    In this Part III of this subtitle the following words have the meanings indicated.
(b)    “Archives” means the State Archives.
(c)    “Commission” means the Hall of Records Commission.
(d)    “Public official” includes an official of the State or of a county, city, or town in the State.
(e)    “Record” means any documentary material in any form created or received by any agency in connection with the transaction of public business.
(f)    “Records inventory” means a survey of all records series maintained by an agency resulting in an itemized compilation of the records in the possession of the agency.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part III - Disposition of Records and Other Materials › Section 10-615 - Scope of Part

Except as expressly provided in § 10–619 of this subtitle, this Part III of this subtitle does not authorize:
(1)    the destruction of a permanent book of account;
(2)    the destruction of a land record of a clerk of a circuit court;
(3)    the destruction of any record that relates to the financial operation of a unit of the State government or to collection of State taxes until the requirements of §§ 2–1220 through 2–1227 of this article are met;
(4)    the destruction of any record until the expiration of the period that a statute expressly sets for that record to be kept;
(5)    the destruction of any public record that a statute expressly requires to be kept permanently; or
(6)    the destruction of any record of a court of record unless:
(i)    the destruction is authorized under § 1–605(d)(6) or § 2–205 of the Courts Article;
(ii)    an accurate transcript of the record is in use; or
(iii)    the record relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part III - Disposition of Records and Other Materials › Section 10-616 - Public Records

(a)    In accordance with the record retention and disposal schedules, a public official shall offer to the Archives any public record of the official that no longer is needed, such as:
(1)    an original paper;
(2)    a book;
(3)    a file;
(4)    a record of a court of record for which an accurate transcript is in use;
(5)    a record that relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills; or
(6)    any other written or recorded materials regardless of their physical form or characteristics.
(b)    Records accepted for transfer to the Archives shall be accompanied by a records inventory.
(c)    (1)    With the written approval of the State Archivist, a public official may destroy the record that the public official offers under this section, but the Archives declines to accept.
(2)    After records are destroyed, the public official shall send to the Archives:
(i)    a list of the records that were destroyed; and
(ii)    a certificate of destruction.
(3)    (i)    The State Archivist shall keep each list of the records destroyed under this subsection.
(ii)    The list shall be available for public inspection at reasonable times.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part III - Disposition of Records and Other Materials › Section 10-617 - Nonofficial Materials

(a)    A public official may offer to the Archives or may destroy any of the following materials that the public official no longer needs:
(1)    a book, magazine, or newspaper;
(2)    other library or museum material that was made or acquired for reference or exhibition purposes;
(3)    an extra copy of a document that was kept only for convenience of reference;
(4)    a stock of publications;
(5)    an acceptance or refusal of an invitation or engagement of a public officer; and
(6)    material that otherwise relates to personal business of a public officer.
(b)    The State Archivist may set classes of materials that the public official may destroy if the public official no longer needs the materials.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 6 - Records › Part III - Disposition of Records and Other Materials › Section 10-619 - Reproductions

(a)    With the written approval of the State Archivist, the head of a unit of the State government or of a unit of a county or municipal corporation may destroy original material that has been photographed, photocopied, or microphotographed if:
(1)    the head offers the original material to the Archives, but the Archives declines to accept;
(2)    the copy is made in a manner that meets the standard of quality of the Archives for permanent photographic records;
(3)    the copy is placed in an adequately accessible container; and
(4)    provisions are made:
(i)    for the preservation, examination, and use of the copy in a manner that the Archives approves; and
(ii)    as to a record that a statute otherwise expressly requires to be kept permanently, for the copy to be available, on request, in the same manner as the original material.
(b)    (1)    After materials are destroyed under this section, the head of the unit shall send to the Archives:
(i)    a list of the materials that were destroyed; and
(ii)    a certificate of destruction.
(2)    The State Archivist shall keep each list of the materials destroyed under this section. The list shall be available for public inspection at reasonable times.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 7 - Reorganizations › Section 10-702 - Property

(a)    In this section, “property” means:
(1)    a record of a unit; and
(2)    any other property that is in the possession of a unit or any of its members or officers.
(b)    Property that relates to a transferred function or authority of an abolished or superseded unit vests in and shall be delivered to the successor of the unit.
(c)    Records of an abolished or superseded unit that do not vest in a successor shall be delivered to the State Archives.
(d)    Other property of an abolished or superseded unit that does not vest in a successor shall be delivered to the Board of Public Works.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 7 - Reorganizations › Section 10-703 - Employees

Employees of an abolished or superseded unit who are in the skilled service or professional service of the State Personnel Management System, with the exception of special appointments:
(1)    keep their status as skilled service or professional service employees; and
(2)    in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees and the regulations adopted under them, are eligible for reemployment by the successor or by another unit in the respective skilled service or professional service position in the State Personnel Management System.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 7 - Reorganizations › Section 10-704 - Hearings and Proceedings

(a)    Each petition, hearing, or other proceeding that was pending before an abolished or superseded unit and each proceeding or investigation that was begun by the unit remains in force.
(b)    The successor or another unit designated in accordance with law may complete a proceeding or investigation and enforce any penalty or forfeiture to the same extent as the abolished or superseded unit.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 8 - Written Policies for Public Communications › Section 10-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Public communication” means any inquiry, request, or complaint made by the public.
(c)    “Unit” means each unit in the Executive Branch of the State government.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 8 - Written Policies for Public Communications › Section 10-802 - Written Policies Required

Each unit shall adopt written policies that are within the legal authority of the unit for:
(1)    the procedures to be followed by the unit in responding to a public communication;
(2)    the circumstances that require the unit to maintain a record of a public communication and of the response of the unit; and
(3)    the manner of maintaining records of public communications and of the responses of the unit.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 9 - Automated Mapping-Geographic Information Systems › Section 10-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cost of providing the system product” means the cost to:
(1)    create, develop, and produce a new system product in printed, hard copy, digital, or other format; or
(2)    reproduce an existing system product in printed, hard copy, digital, or other format.
(c)    “Governmental unit” means:
(1)    the State or a political subdivision, unit, or instrumentality of the State;
(2)    a unit or instrumentality of a political subdivision of the State;
(3)    a bicounty agency; or
(4)    a combination of the entities specified in items (1) through (3) of this subsection.
(d)    (1)    “System” means an automated mapping–geographic information system in which geographically referenced data:
(i)    are entered and stored electronically; and
(ii)    can be manipulated to display selected geographic data.
(2)    “System” includes data that define physical and nonphysical elements of geographically referenced areas.
(e)    “System products” means drawings, maps, photographs, or any other depiction, representation, or compilation of spatial data produced in printed, digital, hard copy, or other format.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 9 - Automated Mapping-Geographic Information Systems › Section 10-902 - Legislative Findings

The General Assembly finds that:
(1)    automated mapping–geographic information system products have value to the general public; and
(2)    automated mapping–geographic information system products that are developed at public expense should not be unreasonably withheld from private commercial users of geographic information, but should not provide a public subsidy to private commercial users.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 9 - Automated Mapping-Geographic Information Systems › Section 10-903 - Applicability of Subtitle and of Title 4, Subtitles 1 Through 5 of the General Provisions Article

(a)    This subtitle is applicable to system products established or maintained by any governmental unit.
(b)    Except as otherwise provided in this subtitle, to the extent of any inconsistency, Title 4, Subtitles 1 through 5 of the General Provisions Article do not apply to this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 9 - Automated Mapping-Geographic Information Systems › Section 10-904 - Fees

(a)    A governmental unit may adopt a fee structure for system products that will:
(1)    make system products available at a cost consistent with the requirements of this subtitle; and
(2)    cover the cost of providing the system product and an additional charge of no more than $50.
(b)    A governmental unit may sell system products to the general public for a fee that reasonably reflects the cost of providing the system product.
(c)    A governmental unit:
(1)    may reduce or waive the fees that it charges for system products that are to be used for a public purpose; and
(2)    shall apply its reduction or waiver of the fees uniformly among persons who are similarly situated.