reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.01 - Petition for Declaratory Ruling › Section 25.01.01.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition for declaratory ruling shall be filed with the
				  Treasurer. The Treasurer or the Treasurer's designee shall consider the
				  petition and shall notify the petitioner in writing of its disposition, stating
				  the reasons for the Treasurer's issuance or denial of the declaratory ruling
				  requested. A written answer from the Treasurer or the Treasurer's designee to
				  an inquiry may not be construed to be a declaratory ruling unless made in
				  conformity with this regulation.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 25.01.02.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Treasurer
				  for the promulgation, amendment, or repeal of any regulation.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 25.01.02.02 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall state the regulation or amendment the
				  petitioner proposes and shall refer to any existing regulation the petitioner
				  seeks to have amended or repealed. The petition also shall include a brief
				  statement of reasons in support of the proposed change and the name, address,
				  and telephone number of the petitioner.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 25.01.02.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be filed with the Treasurer for
				  consideration and disposition. Within 60 days after submission, the Treasurer
				  or the Treasurer's designee shall notify the petitioner in writing either that
				  the Treasurer has denied the petition in whole or in part, stating the reasons
				  for the denial, or that the Treasurer has initiated appropriate procedures to
				  promulgate, amend, or repeal regulations in accordance with the
				  petition.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to hearings that the Treasurer is
				  required to conduct by statute or regulation to adjudicate the rights, duties,
				  statutory entitlements, or privileges of specific persons, except for hearings,
				  including those delegated by the Treasurer to the Office of Administrative
				  Hearings, for which other procedures are specifically prescribed by statute or
				  regulation.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Notice" means a written document sent by
				certified mail, return receipt requested.
(2) "Office" means the Office of the State
				Treasurer.
(3) "Party" means the
				Office or any person whose rights are being adjudicated by the Treasurer at a
				hearing.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.03 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever the
				Treasurer is required by statute or regulation to provide a hearing to a
				person, the Treasurer or the Treasurer's designee shall send that person
				reasonable notice of the hearing.
B. Contents of Notice. The notice shall
				contain a:
(1) Statement of the:
(a) Date, time, place, and nature of the
				hearing,
(b) Person's right to be
				represented by counsel,
(c) Legal
				authority and jurisdiction under which the hearing is to be held;
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.04 - Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
The Treasurer may conduct the hearing or may delegate to the
				  Office of Administrative Hearings the authority to hear a particular case, in
				  which event the case shall be heard under the procedures established by the
				  Office of Administrative Hearings in COMAR Title 28.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.05 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				the date of the hearing, a prehearing conference may be held, for which notice
				shall be given to all parties of the date, time, and place.
B. In the discretion of the Treasurer,
				persons other than parties may attend a prehearing conference.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.06 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				provisions of State Government Article, 10-205-----10-214, concerning the
				conduct of administrative hearings, apply to these proceedings.
B. Presentation of Hearing. Hearings shall be
				conducted generally in the following order, unless modified by the Treasurer
				during the prehearing conference or otherwise:
(1) Call of the case by the
				Treasurer;
(2) Opening statements
				by the parties;
(3) Presentation of
				evidence in the following order:
(a) The
				Office presents the basis for its action or proposed action and other
				evidence,
(b) Parties aggrieved by
				the Office's action or proposed action present their objections and other
				evidence,
(c) Other persons may
				present evidence in the discretion of the Treasurer,
(d) Rebuttals in the same order.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.07 - Record and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Treasurer shall prepare an official record of each hearing, which shall include
				all pleadings, exhibits, and other material filed in the proceeding, and any
				testimony transcribed according to §B.
B. A stenographic record of the proceedings
				or other form of verbatim record acceptable to the Treasurer shall be made at
				the expense of the Office. This record need not be transcribed unless requested
				by a party or the Treasurer. The cost of any transcripts of any proceedings, or
				part of them, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.08 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Treasurer
				personally hears the evidence at the hearing, the Treasurer shall issue a final
				decision within a reasonable time of the hearing.
B. Proposed Decision.
(1) If the Treasurer does not personally hear
				the evidence at the hearing, the Office of Administrative Hearings shall issue
				a proposed decision within a reasonable time after the hearing according to the
				provisions of State Government Article, §
										10-216, Annotated
				Code of Maryland, and a final decision may not be issued until the requirements
				of this section have been met.
(2)
				The proposed decision, including the findings of fact and conclusions of law on
				which it is based, shall be mailed or delivered to all parties immediately
				after its issuance.
(3) The parties
				also shall be notified that within 15 days after receipt of the proposed
				decision, a party adversely affected by the proposed decision may file written
				exceptions to the proposed decision and request the opportunity to present
				argument to the Treasurer. Any party filing written exceptions or requesting
				argument shall include in the exceptions or the request precise references to
				those sections of the record that the party wishes the Treasurer to review.
				References to the record other than any transcript of testimony shall be
				indicated as R..., and references to the transcript of testimony as contained
				in the record shall be indicated as T.... If a party fails to provide these
				specific references, the Treasurer may dismiss any request to present argument
				and may base review of the proposed decision on whatever portion of the record
				the Treasurer deems appropriate.
(4) If an opportunity to present argument is
				not requested, the Treasurer shall issue a final decision.
(5) If argument is requested, the Treasurer
				shall set a date for presentation of argument and shall notify the parties of
				that date within 30 days of the receipt of the request.
(6) The Treasurer shall issue a final
				decision within a reasonable time of presentation of argument. Copies of the
				decision shall be delivered or mailed to all parties, return receipt
				requested.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.03 - Contested Cases › Section 25.01.03.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A party adversely affected by a final decision of the
				  Treasurer may obtain judicial review of the decision as provided by
				  law.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with
				  the Office of the State Treasurer for the inspection, copying, or correction of
				  records of the Office under the Access to Public Records Act, State Government
				  Article, §§
									10-611 -10-628. It
				  is the policy of the Treasurer to facilitate public access to the records of
				  the Office, when the access is allowed by law, by minimizing costs and time
				  delays to persons requesting information.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Access to Public Records
				Act, State Government Article, §§
										10-611 -10-628,
				Annotated Code of Maryland.
(2)
				"Applicant" means a person or governmental unit that asks to inspect a public
				record.
(3) "Custodian" means a
				person employed by the Office and authorized to have physical custody and
				control of a public record of the Office.
(4) "Disclosable record" means a record
				required to be disclosed.
(5)
				"Office" means the Office of the State Treasurer.
(6) "Official custodian" means the Treasurer
				or the Chief Deputy Treasurer.
(7)
				"Person in interest" means a person or governmental unit that is the subject of
				a public record or a designee of the person or governmental unit, or, if the
				person has a legal disability, a parent or legal representative of the
				person.
(8) "Public record" means
				the original or any copy of any documentary material that is made or received
				by the Office in connection with the transaction of public business, regardless
				of its form. For example, a card, a computerized record, correspondence, a
				drawing, a film or microfilm, a map, a photograph, a recording, or tape is a
				public record. A public record includes a document that contains the salary of
				an official or employee.
(9)
				"Working day" means a day other than Saturday, Sunday, or a State
				holiday.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.03 - Requests for Access or Copy

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An applicant may request access to inspect or copy public records of the
				Office.
B. The applicant shall
				direct the request to the custodian. If the custodian is not known, the
				applicant may direct the request to the official custodian.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.04 - Written Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Inspections.
(1) Except as provided in
				§A(2), the custodian shall make available for inspection, without a
				written application, any record that clearly is required to be
				disclosed.
(2) The custodian may
				require a written application if the custodian reasonably believes that:
(a) A written application will materially
				assist the Office in responding to the request;
(b) The Act or any other law may prohibit
				disclosure of the record; or
(c)
				The Act may authorize non-disclosure.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.05 - Custodian's Response to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian shall determine whether:
(1) A written application is
				required;
(2) The record is in the
				custodian's custody;
(3) The record
				can be disclosed to the applicant; and
(4) The applicant is a person in interest, if
				the record may be disclosed only to a person in interest. The custodian may
				require documentation from the applicant to support the claim that the
				applicant is a person in interest.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.06 - Notice to Persons Who May Be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B, the
				custodian may notify any person who could be adversely affected by disclosure
				of a record that a request for inspection or copying of the record has been
				made. The custodian may consider the views of that person before deciding
				whether to disclose the record to the applicant.
B. The custodian may not notify a person who
				could be adversely affected by disclosure if:
(1) Any other law prohibits notice;
				or
(2) Access to a disclosable
				record would be unreasonably delayed.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.07 - Review of a Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				custodian denies a written application for a reason other than that the record
				is temporarily unavailable, the applicant may, within 30 days after receipt of
				a notice of denial, request an administrative hearing.
B. If the administrative hearing results in a
				total or partial denial of the written application, the applicant may file an
				appropriate action in the circuit court under State Government Article,
				§10-623.
C. If the applicant
				chooses not to request a hearing under §A, above, the applicant may file
				an action for judicial review under State Government Article, §10-623,
				without exhausting the administrative remedy.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.08 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If the official custodian decides that disclosure otherwise
				  required by the Act or other law would do substantial injury to the public
				  interest, the official custodian may temporarily deny the request in writing,
				  and within 10 working days of the denial, apply to the appropriate circuit
				  court for an order permitting continued denial. Notice of the application shall
				  be served on the applicant in the manner provided for service of process by the
				  Maryland Rules of Procedure.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.09 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the fee for
				copies, printouts, photographs, or certified copies of any record is
				specifically prescribed by a law or regulation other than the Act, that
				specific law or regulation shall control.
B. The custodian may charge a fee of 20 cents
				per page for each copy if reproduction can be made by a photocopying machine
				within the Office.
C. If the
				custodian is unable to copy a record within the Office, the custodian shall
				make arrangements for the prompt reproduction of the record at a public or
				private facility outside the Office. If a record cannot be photocopied in the
				Office, for example, punch cards, magnetic tapes, blue prints and microfilm,
				the fee for copies shall be the actual cost of reproduction. The custodian
				shall either collect from the applicant a fee to cover the actual cost of
				reproduction or direct the applicant to pay the cost of reproduction directly
				to the facility making the copy.
D.
				Before copying a record, the custodian shall estimate the cost of reproduction
				and obtain either the agreement of the applicant to pay the cost or prepayment
				of any estimated fees.
E. The
				official custodian may charge a reasonable fee for employee search and
				preparation time in excess of 2 hours.
F. Upon request, the official custodian may
				waive or reduce any fee charged pursuant to this regulation if the official
				custodian determines that the waiver or reduction is in the public interest.
				The official custodian shall consider, among other relevant factors, the
				ability of the applicant to pay the cost or fee.
G. If the applicant requests that copies be
				mailed or delivered to the applicant, the custodian may charge the applicant
				cost of postage or delivery.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.10 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect disclosable records only during the
				  normal working hours of the Office.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.04 - Access to Public Records › Section 25.01.04.11 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
Inspection shall take place where the document is located,
				  unless the official custodian, after considering the applicant's preference,
				  determines that another place is more suitable and
				  convenient.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for persons in interest
				  to request the correction or amendment of personal records under State
				  Government Article, §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated unless otherwise
				apparent from the context.
B. Terms
				Defined.
(1) "Act" means the Access to Public
				Records Act, State Government Article, §§
										10-611 -10-628,
				Annotated Code of Maryland.
(2)
				"Custodian" means a person employed by the Office and authorized to have
				physical custody and control of a public record of the Office.
(3) "Office" means the Office of the State
				Treasurer.
(4) "Official custodian"
				means the Treasurer or the Chief Deputy Treasurer.
(5) "Person in interest" means a person or
				governmental unit that is the subject of a public record or a designee of the
				person or governmental unit, or, if the person has a legal disability, a parent
				or legal representative of the person.
(6) "Personal record" means a public record
				that names or, with reasonable certainty, otherwise identifies an individual by
				an identifying factor such as:
(a) An
				address;
(b) A
				description;
(c) A finger or voice
				print;
(d) A number; or
(e) A picture.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request the Office to correct or
				  amend any personal record pursuant to State Government Article,
				  §10-625.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The request shall be in writing and shall state the:
A. Name, address, and phone number of the
				person making the request;
B.
				Precise correction or amendment requested; and
C. Reason the correction or amendment is
				sought.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.05 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of a record shall be
				  filed with the Office by addressing it to the custodian of the record. If the
				  custodian is unknown, the request may be addressed to the official
				  custodian.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.06 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If a request does not reasonably comply with Regulation .04,
				  above, it shall be returned to the person in interest with an explanation and a
				  statement that, upon completion, it may be refiled with the
				  Office.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after receipt of a proper request for
				  correction or amendment, the custodian shall:
A. Make the requested correction or amendment
				and inform the person in writing of the action;
B. Inform the person in writing of the:
(1) Refusal to make the requested correction
				or amendment, and
(2) Reason for
				the refusal; or
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.08 - Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Right to File. If the Office refuses the requested correction or amendment, the
				person in interest may file a concise statement of the reasons for the:
(1) Requested correction or amendment;
				and
(2) Disagreement with the
				refusal of the Office to make the correction or amendment.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.05 - Correction or Amendment of Personal Records › Section 25.01.05.09 - Administrative and Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A person may seek administrative and judicial review in accordance with State
				Government Article, Title 10, Subtitle 2, if the person has been denied:
(1) A request to change a personal
				record;
(2) The right to file a
				statement of disagreement; or
(3)
				The right to have a statement of disagreement forwarded to a third party
				pursuant to Regulation .08C, above.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.06 - Open Meetings › Section 25.01.06.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Public body" means the Capital Debt Affordability Committee
				  established by State Finance and Procurement Article, §
									8-108,
				  Annotated Code of Maryland, the Commission on State Debt established by
				  Executive Order
				  01.01.1980.06, or any other public
				  body as defined by State Government Article, §10-502, Annotated Code of
				  Maryland, of which the State Treasurer from time to time is a member and serves
				  as its chairman.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.06 - Open Meetings › Section 25.01.06.02 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any
				open session of the public body, the general public is invited to attend and
				observe.
B. Except in instances
				when the public body expressly invites public testimony, questions, comments,
				or other forms of public participation, or when public participation is
				otherwise authorized by law, a member of the public attending an open session
				may not participate in the session.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.06 - Open Meetings › Section 25.01.06.03 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual attending an open session of the public body may not engage in any
				conduct, including visual demonstrations such as the waving of placards, signs,
				or banners, that disrupts the session or that interferes with the right of
				members of the public to attend and observe the session.
B. The presiding officer may order an
				individual who persists in conduct prohibited by §A of this regulation, or
				who violates any other regulation concerning the conduct of the open session,
				to be removed from the session, and may request police assistance to restore
				order.
C. The presiding officer may
				recess the session while order is restored.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.06 - Open Meetings › Section 25.01.06.04 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				public, including any representative of the news media, may record discussions
				of the public body at an open session by means of a tape recorder or any other
				recording device if the device does not create an excessive noise that disturbs
				members of the public body or other individuals attending the
				session.
B. A member of the public,
				including any representative of the news media, may photograph or videotape the
				proceedings of the public body at an open session by means of any type of
				camera if the camera:
(1) Is operated without
				excessively bright artificial light that disturbs members of the public body or
				other individuals attending the session; and
(2) Does not create an excessive noise that
				disturbs members of the public body or other individuals attending the
				session.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 01 - GENERAL REGULATIONS › Chapter 25.01.06 - Open Meetings › Section 25.01.06.05 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
				  public, or any transcript derived from a recording, is not considered a part of
				  the record of any proceeding of the public body.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.01 - Maryland Tort Claims Act-General › Section 25.02.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations in COMAR 25.02.01-----COMAR 25.02.04 apply
				  only to claims asserted under the Maryland Tort Claims Act, State Government
				  Article, §
									12-101 et seq.,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.02 - Maryland Tort Claims Act-Coverage and Limits › Section 25.02.02.01 - Commercial Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within
				budgetary appropriations and market availability, the Treasurer, in the
				Treasurer's sole discretion, may purchase commercial insurance to provide
				coverage, in whole or in part, under the Maryland Tort Claims Act.
B. If the Treasurer elects to purchase
				commercial insurance under §A, above, the:
(1) Policy limits, terms, and conditions of
				the commercial insurance shall determine coverage and establish the limitation
				of State liability; and
(2) Payment
				limits, terms, and conditions applicable to the Treasurer's self-insurance
				program under this chapter shall determine the coverage and establish the
				limitation of State liability for purposes of the State's deductible or
				self-insured retention, if any, under this commercial insurance.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.02 - Maryland Tort Claims Act-Coverage and Limits › Section 25.02.02.02 - Self-Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Within
				budgetary appropriations, the Treasurer may provide self-insurance to provide
				coverage under the Maryland Tort Claims Act for those incidents not covered by
				purchased commercial insurance obtained pursuant to Regulation .01.
B. Coverage. Subject to §A, above,
				self-insurance shall provide coverage for a tortious act or omission of State
				personnel that:
(1) Is within the scope of
				public duties of the State personnel; and
(2) No element of which constitutes malice or
				gross negligence.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.02 - Maryland Tort Claims Act-Coverage and Limits › Section 25.02.02.03 - Discretionary Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within
				budgetary appropriations, the Treasurer may pay from the State Insurance Trust
				Fund all or part of that portion of a claim that exceeds the limits of
				purchased commercial insurance coverage obtained pursuant to Regulation .01 of
				this chapter under the following conditions:
(1) The claim is consistent with the
				provisions of Regulation .02B and C of this chapter;
(2) A judgment or settlement has been entered
				granting the claimant damages greater than the limits of the purchased
				commercial insurance obtained pursuant to Regulation .01 of this
				chapter;
(3) A request for a
				discretionary payment is submitted to the Treasurer within 60 days of entry of
				the settlement or judgment described in §A(2) of this regulation;
				and
(4) The Board of Public Works,
				with the advice and counsel of the Office of the Attorney General, has approved
				the discretionary payment.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.01 - Submission of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
For purposes of the provisions of State Government Article,
				  §
									12-106:
A. A proper claim shall:
(1) Contain a statement of facts that sets
				forth the nature of the claim, including the date, time, place, and description
				of the incident,
(2) Contain a
				demand for money damages in a sum certain,
(3) State the name and address of the
				claimant,
(4) State the name and
				address, if known, of the alleged tortfeasor, including identification of the
				tortfeasor's employer,
(5) State
				the name and address, if known, of any witness to the incident,
(6) State the name, address, and telephone
				number of counsel for the claimant, if any, and
(7) Be signed by the claimant;
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.02 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
A. Property Damage.
				A claim for property damage or loss may be submitted by the owner of the
				property or by a person obligated by contract to repair or replace the
				property, or by the duly authorized attorney or legal representative of
				either.
B. Personal Injury. A claim
				for personal injury may be submitted by the injured person or by that person's
				duly authorized attorney or legal representative.
C. Death. A claim for death may be submitted
				by the decedent's personal representative on behalf of the decedent's estate or
				by any other person legally entitled to assert this claim in accordance with
				applicable state law, or by the duly authorized attorney or legal
				representative of either.
D.
				Subrogation. A claim for loss:
(1) Wholly
				compensated by an insurer with the rights of a subrogee may be submitted by the
				insurer;
(2) Partially compensated
				by an insurer with the rights of a subrogee may be submitted by the parties
				jointly, as their respective interests may appear, or individually.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.03 - Filing of Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. Where to
				File Claim. As prerequisite to its consideration under COMAR
				25.02.01-----25.02.04, an otherwise proper claim shall be submitted to the
				Treasurer.
B. When to File Claim.
(1) As a prerequisite to its consideration
				under COMAR 25.02.01-----25.02.04, an otherwise proper claim shall be received
				by the State Treasurer's Office within 1 year after the injury that is the
				basis for the claim.
(2) The filing
				period set forth in §B(1), above, is not suspended or tolled by reason of
				infancy, incompetency, other disability, or filing of suit.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.04 - Initial Coverage Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Regulations .05-.08 of this chapter apply
				only to those claims for which the Treasurer provides self-insurance coverage,
				in whole or in part, under the Maryland Tort Claims Act.
B. Subject to §C, below, the policy
				terms and conditions of purchased commercial insurance coverage, if any, govern
				the administration of claims that the Treasurer initially determines may be
				covered by commercial insurance.
C.
				The determination of coverage under, and the limitation of liability with
				respect to the State's deductible or self-insured retention, if any, under any
				commercial insurance shall be governed by those regulations in COMAR 25.02.02
				that are applicable to the Treasurer's self-insurance program.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.05 - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Death. In
				support of a claim for death, the claimant may be required to submit the
				following evidence or information:
(1) An
				authenticated death certificate or report, or both, of postmortem examination
				showing the date and cause of death and the age of the decedent;
(2) Documentation of the decedent's
				employment or occupation, if any, at time of death, including the decedent's
				monthly or yearly salary or earnings and the duration of the decedent's last
				employment or occupation;
(3)
				Identification by full name, address, birthdate, kinship, and marital status of
				each of the decedent's survivors, including identification of those survivors
				who were dependent for support upon the decedent at the time of the decedent's
				death;
(4) Documentation of the
				degree of support afforded by the decedent to each survivor dependent for
				support upon the decedent at the time of the decedent's death;
(5) Evidence of the decedent's general
				physical and mental condition before death;
(6) Itemized bills for medical and burial
				expenses incurred by reason of the incident causing death or itemized receipts
				of payment for these expenses;
(7)
				If damages for pain and suffering before death are claimed, a physician's
				detailed statement specifying the:
(a)
				Injuries suffered,
(b) Duration of
				pain and suffering,
(c) Drugs
				administered for pain, and
(d)
				Decedent's physical condition in the interval between injury and death;
				and
(8) Other evidence
				or information that, in the Treasurer's judgment, may have a bearing on either
				the responsibility of the State for the death or for the damages
				claimed.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.06 - Amendments

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claim
				submitted in compliance with Regulation .01 of this chapter may be amended
				within 1 year of the date of the injury for any reason, and after that, but
				before a final denial under Regulation .08 of this chapter, only on the basis
				of newly discovered evidence.
B. A
				claim submitted to the Treasurer within 1 year of the injury that is not in
				compliance with Regulation .01 of this chapter:
(1) May be amended within 30 days of the date
				of the claim's submission to comply with the requirements of Regulation .01;
				and
(2) Shall be denied pursuant to
				Regulation .08 of this chapter if not amended in accordance with §B(1) of
				this regulation.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.07 - Action on Approved Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				agreement respecting an award, compromise, or settlement of a claim, regardless
				of amount, is not valid without the approval of the Treasurer.
B. Payment of an award, compromise, or
				settlement shall be predicated upon the Treasurer's receipt and approval of a
				claim settlement agreement or a release of all claims properly executed by the
				claimant.
C. If a claimant is
				represented by an attorney and the claimant's attorney has presented suitable
				evidence of representation to the Treasurer, a check issued by the Treasurer in
				payment of an award, compromise, or settlement shall, upon request of the
				claimant's attorney, designate both the claimant and the attorney as payee and
				shall be mailed or delivered to the claimant's attorney.
D. Acceptance by the claimant of any award,
				compromise, or settlement offered by the Treasurer and intended by the
				Treasurer to dispose fully of the claim shall:
(1) Be final and conclusive as to the
				claimant, the claimant's attorney or legal representative, and any other person
				on whose behalf or for whose benefit the claim has been presented;
				and
(2) Constitute a full and
				complete release of any claim by reason of the same subject matter against the
				Treasurer, the State, and any State personnel whose act or omission gave rise
				to the claim.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.03 - Maryland Tort Claims Act-Claims Administration › Section 25.02.03.08 - Denial of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written
				final denial of a claim by the Treasurer may include a general statement of the
				reason for the denial.
B. Subject
				to §C, below, a claim shall be deemed to be denied finally if the
				Treasurer fails to give notice of a final decision on the claim within 6 months
				after the submission of the claim.
C. Before the beginning of suit and before
				the expiration of the 3-year period specified in State Government Article,
				§
									12-106(b)(3),
				the Treasurer, upon a written request from the claimant or upon the Treasurer's
				own initiative, may reconsider a final denial.
D. The claimant's submission of a request for
				reconsideration does not suspend or toll the period established by State
				Government Article, §
									12-106(b)(3),
				Annotated Code of Maryland, for instituting an action.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.04 - Maryland Tort Claims Act-Actions › Section 25.02.04.01 - Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Treasurer's
				denial of a claim under COMAR
				25.02.03.08A is
				subject to review only pursuant to State Government Article, §
									12-108, Annotated
				Code of Maryland.
B. An action
				shall be filed in the appropriate court within 3 years after the cause of
				action arises.
C. Service of the
				complaint and accompanying documents is sufficient only if made on the
				Treasurer.
D. An action may not be
				instituted unless the:
(1) Plaintiff first has
				submitted a written claim to the Treasurer in accordance with COMAR 25.02.03
				within 1 year after the injury, loss, or damage to person or property that is
				the basis of the claim; and
(2)
				Treasurer has denied the claim finally in accordance with COMAR
				25.02.03.08A.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.05 - Maryland Tort Claims Act-Inmate Claims › Section 25.02.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to tort claims filed with the Treasurer
				  pursuant to State Government Article, §
									12-107, by inmates
				  who are confined in an institution within the Division of Correction or the
				  Patuxent Institution.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.05 - Maryland Tort Claims Act-Inmate Claims › Section 25.02.05.02 - Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an inmate
				files a claim with the Treasurer, the Treasurer may suspend claims processing
				pending receipt of the decision of the Inmate Grievance Commission issued
				pursuant to COMAR 12.07.01.
B. If
				the Treasurer elects to suspend claims processing pursuant to §A, above,
				the Treasurer shall:
(1) Direct the inmate to
				file a complaint with the Inmate Grievance Commission, including with that
				complaint a copy of the Treasurer's notification requiring the inmate to file
				the complaint with the Inmate Grievance Commission; and
(2) Notify the inmate that processing of the
				claim filed with the Treasurer shall be stayed pending the Treasurer's receipt
				of the Inmate Grievance Commission's decision on the inmate's
				complaint.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.05 - Maryland Tort Claims Act-Inmate Claims › Section 25.02.05.03 - Inmate Grievance Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If the Inmate Grievance Commission dismisses the inmate's complaint as wholly
				lacking in merit:
(1) The Executive Director
				of the Inmate Grievance Commission shall notify the Treasurer of its decision;
				and
(2) Upon receipt of
				notification of the Inmate Grievance Commission's decision, the Treasurer then
				shall process the inmate's claim in accordance with COMAR 25.02.03.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.06 - Agency Claims › Section 25.02.06.01 - Filing of Claim for Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to §B, below, when a unit of
				State government seeks reimbursement from the State Insurance Trust Fund for an
				occurrence of loss, damage, or liability, the unit shall file its claim with
				the Treasurer within 60 days after the unit discovers the loss, damage, or
				liability.
B. If the unit discovers
				an occurrence of loss, damage, or liability in June, it shall file its claim
				for reimbursement with the Treasurer before July 20th of the next fiscal
				year.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.06 - Agency Claims › Section 25.02.06.02 - Theft of Personal Property

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Unless otherwise required by statute or these regulations, a claim of a unit of
				State government under any insurance program provided by the Treasurer may not
				be accepted for theft or other disappearance of its personal
				property.
B. A unit of State
				government shall be solely responsible for the care and custody of its
				property.
Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.07 - Procurements of Insurance Broker Services and Commercial Insurance Policies › Section 25.02.07.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				State Finance and Procurement Article, Title 9, Annotated Code of Maryland, and
				subject to the authority of the Board of Public Works under State Finance and
				Procurement Article, §
									12-107,
				Annotated Code of Maryland, the State Treasurer is authorized to engage in and
				control the procurement of insurance and insurance services.
B. The procurement of insurance and insurance
				services described in this chapter shall be conducted in compliance with State
				Finance and Procurement Article, Title 9, Annotated Code of Maryland, State
				Finance and Procurement Article, Division II, Annotated Code of Maryland, and
				the State procurement regulations in COMAR Title 21.