reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.03 - Grant of Ordinary Disability Retirement or Accidental Disability Retirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who is granted a disability retirement.
B. Acceptance of Ordinary Disability Retirement or Accidental Disability Retirement.
(1) Except as provided in §B(2) of this regulation, an applicant who is granted [either] an ordinary disability retirement or an accidental disability retirement shall, within 120 days of the date of the Disability Unit's notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the disability retirement.
(2) Instead of accepting a disability retirement, an applicant who is eligible to receive a service retirement may accept the service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit's Notice.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.04 - Grant of Ordinary Disability Retirement and Denial of Accidental Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) Except as provided in §A(2) of this regulation, this regulation applies to an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees in accordance with Regulation .02 of this chapter.
(2) The denial of an accidental disability retirement for an applicant who previously accepted an ordinary disability retirement and requested reconsideration of the medical board's recommended denial of accidental retirement in accordance with COMAR 22.06.03.03C(3)  is governed by Regulation .05 of this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.05 - Denial of Ordinary Disability Retirement or Accidental Disability Retirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who has been denied a disability retirement by the Board of Trustees.
B. To appeal the denial of a disability retirement, an applicant shall file a written request for a hearing not later than 30 days after the date of the Disability Unit's notice.
C. If the request for a hearing under §B of this regulation is not filed within 30 days of the date of the Disability Unit's notice, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.06 - Effective Date of Disability Retirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effective Date of Retirement.
(1) Except as provided in §A(2) of this regulation, if the Board of Trustees grants a disability retirement to an applicant and the applicant accepts the disability retirement as provided in Regulations .03 and .04 of this chapter, the applicant's effective date of retirement is the later of the:
(a) First day of the month following the last day the applicant was on payroll, as certified by the applicant's employer;
(b) First day of the month following the date the Retirement Agency receives a properly completed Statement of Disability and Preliminary Application for Disability Retirement; or
(c) First day of the month when the applicant desires to retire as set forth on the Application for Disability Retirement that is properly completed and submitted to the Retirement Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.06 - Hearings Before the Office › Section 22.06.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter supplements the notice and hearing requirements of the:
(1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and
(2) Regulations issued by the Office of Administrative Hearings in COMAR 28.02.01.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.06 - Hearings Before the Office › Section 22.06.06.02 - Hearings - General.

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Hearings Shall Be Held.
(1) If an applicant timely files a -written request for a hearing, a hearing shall be held if:
(a) The Board of Trustees denied the applicant a disability retirement allowance under COMAR 22.06.05;
(b) The medical board rejected the disability forms submitted by a former member under COMAR 22.06.02.04; or
(c) The Disability Unit denied the disability claim of an applicant under COMAR 22.06.03.01A(3).
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.06 - Hearings Before the Office › Section 22.06.06.03 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A party who is aggrieved by a final decision of a judge is entitled to judicial review of the decision in accordance with State Government Article, §
									10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.06 - Hearings Before the Office › Section 22.06.06.04 - Adjustment in Allowance

Current through Register Vol. 51, No. 14, July 12, 2024
The Retirement Agency shall adjust the allowance of a retiree who is subsequently granted an ordinary disability retirement or an accidental disability retirement retroactively to the effective date of retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.06 - Hearings Before the Office › Section 22.06.06.05 - Effect of Death Before Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
If the applicant dies before the final decision on the applicant's appeal for an ordinary disability retirement or an accidental disability retirement, or both, the claim shall terminate. Survivor benefits, if any, shall be paid in accordance with the selection made by the applicant for the retirement allowance granted and accepted before death.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.01 - General Provisions › Section 22.07.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Each State system is established as a qualified defined benefit plan pursuant to 26 U.S.C. §§
										401(a) and 414(d), or other applicable provision of the Internal Revenue Code, and applicable U.S. Treasury regulations and other guidance.
The Board is authorized to adopt rules and regulations which are appropriate or necessary to maintain the qualified status of each State system.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.01 - General Provisions › Section 22.07.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means the State Retirement Agency.
(2) "Board" means the Board of Trustees for the State Retirement and Pension System.
(3) "Internal Revenue Code" or "Code" means the Internal Revenue Code of 1986, as amended.
(4) "Limitation year" means the plan year for Code Section 415 testing purposes.
(5) "Plan year" means the fiscal year commencing July 1.
(6) "Required beginning date" means the applicable date by which the distribution of a plan benefit must commence in accordance with the Internal Revenue Code, 26 U.S.C. §
											401(a)(9)(C).
(7) "State system" refers to any State system identified in State Personnel and Pensions Article, §
										21-102, Annotated Code of Maryland, administered by the State Retirement Agency, and operated in accordance with the Internal Revenue Code, 26 U.S.C. §§
											401(a) and 414(d).
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.01 - General Provisions › Section 22.07.01.03 - Construction

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle and other provisions of the Code of Maryland Regulations shall be interpreted to maintain the qualified status of the State systems under the Internal Revenue Code, §§ 401(a) and 414(d).
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.02 - Code Compliance › Section 22.07.02.01 - Compliance with the Internal Revenue Code, 26 U.S.C Section 401(a)(9) for Required Minimum Distributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State system shall pay all benefits in accordance with a good faith interpretation of the requirements of §401(a)(9) of the Internal Revenue Code, and the regulations in effect under that section, as applicable to a governmental plan within the meaning of §414(d) of the Internal Revenue Code.
B. Each State system is subject to the following provisions:
(1) Distribution of a member's benefit shall begin by the required beginning date;
(2) The member's entire interest shall be distributed over the member's life, or the lives of the member and a beneficiary determined pursuant to the applicable provisions of the State system;
(3) If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest, if any, shall be distributed at least as rapidly as under the method of distribution before the member's death;
(4) If a member dies before the required distribution of the member's benefits has begun, the member's entire interest shall be distributed to the beneficiary, if the beneficiary can be located:
(a) Over the life of the beneficiary, with the distributions beginning not later than December 31 of the calendar year following the calendar year of the member's death, in accordance with federal regulations; or
(b) Within 5 years of the member's death;
(5) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of §401(a)(9)(G) of the Internal Revenue Code;
(6) The death and disability benefits provided by the State system are limited by the incidental benefit rule set forth in §401(a)(9)(G) of the Internal Revenue Code and U.S. Treasury regulation 26 C.F.R. § 1.401- 1(b)(1)(i) (as amended), so that the total death or disability benefits payable do not exceed 25 percent of the cost for all of the members' benefits received from the State system;
(7) If a member or beneficiary cannot be located by the required beginning date, the member's or beneficiary's benefit will be initiated by the Agency and immediately shall be suspended, pending the Agency locating the member or beneficiary; and
(8) In order to maintain compliance with §401(a)(9) of the Internal Revenue Code, the provisions of State Personnel and Pensions Article, §
										21-402(c), Annotated Code of Maryland, shall be applied by the Agency to a member's request to change a beneficiary on and after January 1, 2006.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.02 - Code Compliance › Section 22.07.02.02 - Compliance with the Internal Revenue Code, 26 U.S.C. Section401(a)(17) for the Limitation on Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effective with respect to plan years beginning on and after July 1, 1996, and before July 1, 2002, the annual compensation of a plan member which exceeds $150,000, as adjusted for cost-of-living increases under §401(a)(17)(B) of the Internal Revenue Code, shall be disregarded for purposes of computing employee and employer contributions to or benefits due from, the State system.
B. Plan Years Beginning On and After July 1, 2002.
(1) Effective with respect to plan years beginning on and after July 1, 2002, the annual compensation of a plan member which exceeds $200,000, as adjusted for cost-of-living increases in accordance with §401(a)(17)(B) of the Internal Revenue Code, may not be taken into account in determining benefits or contributions due for any plan year.
(2) Annual compensation means compensation during the plan year or such other consecutive 12-month period over which compensation is otherwise determined under the plan (the determination period).
(3) The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year.
(4) If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12.
(5) If the compensation for any prior determination period is taken into account in determining a plan member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.02 - Code Compliance › Section 22.07.02.03 - Compliance with the Internal Revenue Code, 26 U.S.C. Section415 Limitations on Contributions and Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notwithstanding the terms of the Annotated Code of Maryland or the Code of Maryland Regulations (COMAR), the member contributions paid to and retirement benefits paid from, the plan shall be limited as necessary to conform to the requirements of §415 of the Internal Revenue Code for a qualified pension plan.
B. Member Limits.
(1) The annual benefit to which a member is entitled, during the limitation year (fiscal year), is limited to $160,000, as adjusted for cost-of-living increases under §415(d) of the Internal Revenue Code.
(2) For certain members, this limit is adjusted based upon the age of the member at retirement if the member retires before 62 years old.
(3) The limitation is not lowered for qualified police and firefighters as defined by the Internal Revenue Code.
(4) The limitation is not lowered for a member who retires on disability or for a death benefit.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.02 - Code Compliance › Section 22.07.02.04 - Administration of Benefits with Respect to the Same-Gender Spouse of a Member, Former Member, or Retiree

Current through Register Vol. 51, No. 14, July 12, 2024
The Retirement Agency shall administer benefits with respect to the same-gender spouse of a member, former member, or retiree from a lawfully recognized marriage in the same manner as an opposite-gender spouse, including the payment of any spousal death or survivor benefits.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 07 - COMPLIANCE WITH THE INTERNAL REVENUE CODE › Chapter 22.07.02 - Code Compliance › Section 22.07.02.05 - Compliance with Internal Revenue Code, 26 U

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) Direct rollover has the meaning stated in State Personnel and Pensions Article, §
											21-601, Annotated Code of Maryland.
(b) Eligible rollover distribution has the meaning stated in State Personnel and Pensions Article, §
											21-601, Annotated Code of Maryland.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.01 - Petition for Declaratory Ruling › Section 23.01.01.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Board of Public Works (the "Board") with respect to the applicability of any statute pertaining to the Board or the applicability of any regulation adopted by the Board.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.01 - Petition for Declaratory Ruling › Section 23.01.01.02 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be in writing and shall contain a detailed statement of the facts. It shall question the applicability of the State statute or regulation to these facts. The petition shall contain the name, address, and telephone number of the petitioner and a statement describing the petitioner's interest in making the request for the declaratory ruling. In addition, the petition shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true to the best of his knowledge, information, and belief.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.01 - Petition for Declaratory Ruling › Section 23.01.01.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. The Board shall consider the petition and may, in its discretion, issue the declaratory ruling requested. The Secretary to the Board shall notify the petitioner in writing of whatever action the Board may decide to take, stating the reasons for its decision. A written answer from the Secretary to the Board to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 23.01.02.01 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition with the Board of Public Works for the promulgation, amendment, or repeal of any regulation under this title.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 23.01.02.02 - 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.02 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 23.01.02.03 - Submission, Consideration, and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. Within 60 days after submission, the Secretary to the Board shall notify the petitioner in writing either that the Board has denied the petition in whole or in part, stating reasons for the denial, or that it has initiated appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to hearings that the Board of Public Works is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings for which procedures are prescribed by a specific law or by other regulation.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter.
(2) "Board" means the Board of Public Works.
(3) "Party" means the Board or any person whose rights are being adjudicated at a hearing.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.03 - Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever the Board is required by statute or regulation to conduct a hearing as set forth in Regulation .01 of this chapter, the Board may:
A. Hear the case; or
B. Refer the case to the Office of Administrative Hearings which shall appoint an administrative law judge who shall conduct the hearing.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.04 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board or the administrative law judge shall give the parties reasonable notice of the hearing.
B. Contents of Notice. The notice shall contain a:
(1) Statement of the date, time, place, and nature of the hearing;
(2) Statement of the person's right to be represented by counsel;
(3) Statement of the legal authority and jurisdiction under which the hearing is to be held;
(4) Reference to the particular sections of statute and regulation, including rules of procedure, involved; and
(5) Short and simple statement of the matters which will be at issue at the hearing.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.05 - 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 Board or the administrative law judge, persons other than parties may attend a prehearing conference.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.06 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The provisions of State Government Article, 10-211-----10-219, Annotated Code of Maryland, 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 Board or the administrative law judge during the prehearing conference or otherwise:
(1) Call of the case by the Board or the administrative law judge ;
(2) Opening statements by the parties;
(3) Presentation of evidence in the following order:
(a) The Board or its designee presents the basis for the Board's action or proposed action and other evidence,
(b) Parties aggrieved by the Board's action or proposed action present their objections and other evidence,
(c) Other persons may present evidence in the discretion of the Board or the hearing officer,
(d) Rebuttals in the same order.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.07 - Record and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board or the administrative law judge 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 of this regulation.
B. A stenographic record of the proceedings or other form of verbatim record acceptable to the Board shall be made at the expense of the Board. This record need not be transcribed unless requested by a party, the administrative law judge, or the Board. The cost of typewritten transcripts of proceedings, or part of proceedings, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.08 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time.
B. Proposed Decision.
(1) If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §
										10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.
(2) The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance.
(3) The administrative law judge shall notify the parties 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 Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board 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 Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate.
(4) If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time.
(5) If argument is requested, the Board shall set a date for presentation of argument and shall notify the parties of the date, time, and place for argument, which shall be held within a reasonable time of the receipt of the request for oral argument.
(6) The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.03 - Contested Case Regulations › Section 23.01.03.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A party adversely affected by a final decision of the Board may obtain judicial review of the decision as provided by law.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for filing requests with the Board of Public Works for the inspection, copying, or correction of records of the Board under the Access to Public Records Act, State Government Article, 10-611-----10-628, Annotated Code of Maryland. It is the policy of the Board of Public Works to facilitate public access to the records of the Board, when the access is allowed by law, by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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) "Applicant" means a person or governmental unit that asks to inspect a public record.
(3) "Board" means the Board of Public Works.
(4) "Custodian" means a person employed by the Board having personal custody and control of a public record of the Office.
(5) "Disclosable record" means a record required to be disclosed.
(6) "Official custodian" means the Secretary to the Board of Public Works.
(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 copy of documentary material that is made or received by the Board 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.03 - 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 Board.
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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.04 - Written Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspections.
(1) Except as provided in §A(2), of this regulation, 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 nondisclosure.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.05 - Custodian's Response to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian shall determine:
(1) Whether a written application is required.
(2) Whether the record is in the custodian's custody.
(3) Whether the record can be disclosed to the applicant.
(4) Whether 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.06 - 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 a 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 the notice; or
(2) Access to a disclosable record would be unreasonably delayed.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.07 - 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 §10-623 of the Act.
C. If the applicant chooses not to request a hearing under §A, of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.08 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If the Board decides that disclosure, otherwise required by the Act or other law, would do substantial injury to the public interest the Board 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.09 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee for copying and certifying copies of records is as follows:
(1) Copies.
(a) If reproduction can be made by a photocopying machine within the offices of the Board, the charge for each copy is 43 cents per page. The per-page charge will increase as follows:
(i) 45 cents on July 1, 2006;
(ii) 48 cents on July 1, 2008; and
(iii) 51 cents on July 1, 2010.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.10 - 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 Board's offices.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.04 - Access to Public Records › Section 23.01.04.11 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
Inspection shall take place where the document is located, unless the Board, after considering the applicant's preference, determines that another place is more suitable and convenient.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.01 - General

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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Access to Public Records Act, State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland.
(2) "Board" means the Board of Public Works.
(3) "Custodian" means a person employed by the Board of Public Works having personal custody and control of a public record of the office.
(4) "Official custodian" means the Secretary to the Board of Public Works.
(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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request the Board to correct or amend any personal record pursuant to §10-625 of the Act.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.04 - 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.05 - 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 Board 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.06 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If a request does not reasonably comply with Regulation .04, of this chapter, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Board.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.07 - 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:
(1) The refusal to make the requested correction or amendment, and
(2) The reason for the refusal; or
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.08 - Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Right to File. If the Board refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for:
(1) The requested correction or amendment; and
(2) Disagreement with the refusal of the Board to make the correction or amendment.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.05 - Correction or Amendment of Personal Records › Section 23.01.05.09 - 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, Annotated Code of Maryland, 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 of this chapter.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.06 - Open Meetings › Section 23.01.06.01 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any open session of the Board of Public Works, the general public is invited to attend and observe.
B. Except in instances when the Board of Public Works 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 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.06 - Open Meetings › Section 23.01.06.02 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual attending an open session of the Board of Public Works 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:
(1) 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; and
(2) Recess the session while order is restored.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.06 - Open Meetings › Section 23.01.06.03 - 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 Board of Public Works 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 Board of Public Works or others attending the session.
B. A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the Board of Public Works 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 Board of Public Works or others attending the session; and
(2) Does not create an excessive noise that disturbs members of the Board of Public Works or others attending the session.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 01 - GENERAL PROVISIONS › Chapter 23.01.06 - Open Meetings › Section 23.01.06.04 - 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 Board of Public Works.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise provided by law, these regulations apply to all travel for official business undertaken by officials and employees of units of the Executive Branch of the State government, except elected officials and officials and employees of the University of Maryland System, Morgan State University, and St. Mary's College of Maryland.
B. If a contract specifically provides for their application, these regulations may apply to official business travel of persons performing a State contract.
C. These regulations do not apply:
(1) When a line item in the annual State budget specifically identifies an item and amount for exemption.
(2) To State-owned, State-leased, or privately owned motor vehicles. Reimbursement to employees or officials who use State-owned, State-leased, or privately owned motor vehicles to conduct official business for the State is within the jurisdiction of the State Fleet Administrator, Department of Budget and Management, and subject to policies issued by the Secretary of Budget and Management.
Code of Maryland Regulations › Title 23 - BOARD OF PUBLIC WORKS › Subtitle 02 - PROGRAM ADMINISTRATION › Chapter 23.02.01 - Standard Travel Regulations › Section 23.02.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Public Works.
(2) "Conferences, conventions, and seminars" means non-routine official business meetings for the purpose of discussing or deciding matters related to the accomplishment of position responsibilities.
(3) "Credit services contractor" means a private entity under contract with the State to extend the State credit for purposes of charging business travel expenses.
(4) "Department" means the Department of Budget and Management.
(5) Employee.
(a) "Employee" means an employee or official of a unit of the Executive Branch of State government.
(b) "Employee" does not mean elected officials and officials and employees of the University of Maryland System, Morgan State University, and St. Mary's College of Maryland.
(6) "In-State travel" means travel to destinations inside the boundaries of Maryland, and includes Washington, D.C.
(7) "Official business" means the authorized duties performed by an employee or official of the State in the employee's or officer's defined capacity under the duties and responsibilities prescribed by the employment or office.
(8) "Out-of-country travel" means travel to destinations outside the United States and its territories.
(9) "Out-of-State travel" means travel to destinations outside Maryland and Washington, D.C.
(10) "Routine business travel" means authorized travel on a daily basis or periodic basis to a jobsite other than the employee's assigned office for official business.
(11) "Secretary" means the Secretary of Budget and Management.
(12) "Training" means the same as provided under COMAR 17.04.10.01.
(13) "Travel services contractor" means a private business entity under contract with the State to serve as a travel agency for purposes of State employee business travel.
(14) "Travel status" means the condition of a State employee while traveling on State business. An employee is not in travel status while commuting from home to the employee's assigned office, regardless of the length of time of that commute.
(15) "Unit" means any department or independent agency within the Executive Branch of State government.