reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 03 - CIVIL DIVISION › Chapter 02.03.01 - Procedure for Hearings Conducted to Determine Whether Country Clubs Receiving Preferential Tax Treatment Practice Discrimination › Section 02.03.01.04 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings shall be conducted before a hearing officer appointed by the Attorney General. The hearings shall be recorded and shall be open to the public.
B. Hearings may be conducted in an informal manner and the parties may not be bound by the technical rules of evidence, except that evidence shall be relevant to the issues in the case. A country club shall have the right to offer testimony and exhibits and cross-examine witnesses.
C. At the hearing, an officer, manager, or other qualified representative of the club shall be present to testify concerning past and present racial, ethnic, religious, and sexual composition of the club membership, club procedures, and practices with respect to membership applications, guest policies and practices in the past and present, and the charters, bylaws, and other official club documents relating to membership and use of club facilities. The club may be represented by counsel.
D. The Attorney General may designate one or more Assistant Attorneys General to represent the Department of Assessment and Taxation.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 03 - CIVIL DIVISION › Chapter 02.03.01 - Procedure for Hearings Conducted to Determine Whether Country Clubs Receiving Preferential Tax Treatment Practice Discrimination › Section 02.03.01.05 - Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the hearing has been completed, the hearing officer shall submit findings of fact, conclusions of law, and a proposed order to the Attorney General for review. The Attorney General shall issue findings of fact, conclusions of law, and a final order.
B. The final order and opinion shall be served by mail on the country club or its attorney.
C. After any order finding that a country club practices discrimination, the Attorney General shall propose a consent agreement whereby the club agrees to cease the discriminatory practices.
D. If the country club breaches or violates or refuses to enter into an appropriate consent agreement, the Attorney General shall issue an order to that club to cease all discriminatory practices.
E. If the country club breaches the order to cease all discriminatory practices, the Attorney General, in accordance with Tax-Property Article, §8-215, Annotated Code of Maryland, shall direct the Supervisor of Assessments to terminate the tax exemption, credit, or beneficial assessment of that club.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 03 - CIVIL DIVISION › Chapter 02.03.01 - Procedure for Hearings Conducted to Determine Whether Country Clubs Receiving Preferential Tax Treatment Practice Discrimination › Section 02.03.01.06 - Further Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any country club which has its tax exemption, credit, or beneficial assessment withdrawn as described in Regulation .05E, of this chapter, may appeal pursuant to State Government Article, §§
									10-215 and  10-216, Annotated Code of Maryland. The appeal shall be taken by filing within 30 days of notice of the withdrawal of the tax exemption, credit, or beneficial assessment, an order for appeal with the court having jurisdiction in the case and by serving a copy of the order on the Office of the Attorney General.
B. Any notice of appeal shall include a request for a transcript of the record of the proceedings. The record shall be transcribed at the expense of the appealing party, and the cost of transcription shall be paid before the transmittal of the record to the court.
C. Appeals shall be taken in compliance with subtitle B of the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 03 - CIVIL DIVISION › Chapter 02.03.01 - Procedure for Hearings Conducted to Determine Whether Country Clubs Receiving Preferential Tax Treatment Practice Discrimination › Section 02.03.01.07 - Computation of Time

Current through Register Vol. 51, No. 14, July 12, 2024
A. In computing any period of time prescribed by these regulations, the day of the act or event after which the designated period of time begins to run is not to be included.
B. The last day of the time period is to be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.01 - Maryland Foreign Discriminatory Boycotts Act Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
Annotation:
The Maryland Foreign Discriminatory Boycotts Act has been preempted by the federal Export Administration Act of 1979, as amended, 50 U.S.C. App. § 2407, and is, therefore, not currently enforceable. By Executive Order 12730 (September 30, 1990) the President of the United States continued the application of the Export Administration Act of 1979 until terminated. Consequently, the regulations promulgated under Maryland law will not be printed in the Code of Maryland Regulations at this time. The Maryland law and regulations will become effective only if Executive Order 12730 is terminated.
Authority: Commercial Law Article, §§
										11-101 -11-115, Annotated Code of Maryland
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Attorney General of Maryland is not authorized to give advisory opinions to private parties. The Attorney General will in certain circumstances and under the conditions set forth in this chapter, respond to inquiries from private parties with respect to proposed business conduct, and may state the Attorney General's enforcement intentions under the Maryland Antitrust Act, Commercial Law Article, §§
									11-201 -11-213, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.02 - Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for a business review letter shall be submitted in writing to the Assistant Attorney General and Chief, Antitrust Division, Office of the Attorney General, 200 St. Paul Place, Baltimore, Maryland 21202.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.03 - Proposed Business Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
The Attorney General shall consider only requests with respect to proposed business conduct. Hypothetical problems may not be considered for review.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.04 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A business review letter issued under this chapter does not have application to any party which does not join in the request for the business review letter.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.05 - Content of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request shall be accompanied by:
A. All relevant data, including background information;
B. Complete copies of all operative documents; and
C. Detailed statements of all collateral understandings, if any.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.06 - Obligation of Requesting Party

Current through Register Vol. 51, No. 14, July 12, 2024
The requesting party is under an obligation to make a full disclosure with respect to the business conduct for which review is requested. A party requesting the review letter shall provide the Attorney General with whatever additional information or documents the Attorney General may request in order to review the matter. The additional information, if furnished orally, shall be promptly confirmed in writing. In connection with any request for review, the Attorney General may also conduct whatever independent investigation the Attorney General believes is appropriate.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.07 - Oral Clearance Not Binding

Current through Register Vol. 51, No. 14, July 12, 2024
The Attorney General does not give or authorize an oral clearance, release, or other statement purporting to bind the enforcement discretion of the Attorney General. The requesting party may rely only upon a written business review letter signed by the Attorney General, or Assistant Attorney General and Chief of the Antitrust Division.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.08 - Response by Attorney General

Current through Register Vol. 51, No. 14, July 12, 2024
After review of a request, the Attorney General may:
A. State the Attorney General's present enforcement intention with respect to the proposed business conduct;
B. Decline to respond to the request; or
C. Take such other position as the Attorney General considers appropriate.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.09 - Effect of Business Review Letter

Current through Register Vol. 51, No. 14, July 12, 2024
A. A business review letter shall recite the facts upon which it is issued, and shall state only the enforcement intention of the Attorney General with respect to the facts as recited. The Attorney General remains completely free to bring whatever action or proceeding the Attorney General subsequently comes to believe is required by the public interest.
B. A business review letter issued shall state only the Attorney General's present enforcement intentions under the antitrust laws, and may not in any way be taken to indicate the Attorney General's views on legal or factual issues that may be raised when the proposed business conduct is subject to approval, review, or regulation by a State or federal agency, commission, department, or board. The issuance of a business review letter is not to be represented to mean that the Attorney General believes that there are no anticompetitive consequences warranting a regulatory entity's consideration.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.10 - Request May Be Withdrawn At Any Time

Current through Register Vol. 51, No. 14, July 12, 2024
A requesting party may withdraw a request for review at any time. The Attorney General remains free, however, to submit comments to the requesting party as the Attorney General considers appropriate. Failure to take action after receipt of documents or information, whether submitted pursuant to this procedure or otherwise, does not in any way limit or stop the Attorney General from taking action at any time after that as the Attorney General considers appropriate.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 04 - ANTITRUST DIVISION › Chapter 02.04.02 - Business Review Procedure › Section 02.04.02.11 - Documents Retained

Current through Register Vol. 51, No. 14, July 12, 2024
The Attorney General reserves the right to retain documents submitted to the Attorney General under this procedure or otherwise and to use them for purposes of enforcement of the Maryland Antitrust Act, Commercial Law Article, §§
									11-201 -11-213, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the conversion and acquisition of a nonprofit hospital and is intended to effectuate the provisions of State Government Article, Title 6.5, Annotated Code of Maryland, and is not intended to modify or conflict with the provisions of that title.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.02 - 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) "Acquisition" has the meaning stated in State Government Article, § 6.5 -101(b), Annotated Code of Maryland.
(2) "Application" means any documents or other materials filed with the Attorney General in accordance with State Government Article, § 6.5 -201, Annotated Code of Maryland, and Regulation .03 of this chapter.
(3) "Attorney General" means the Attorney General or a designee of the Attorney General.
(4) "Board" means the board of directors, board of trustees, or other managing board of a corporation or institution.
(5) "Certificate of need" has the meaning stated in Health-General Article, §19-114, Annotated Code of Maryland.
(6) "Consideration" means any cash, stocks, or things of value promised by the transferee to the transferor for completion of the acquisition.
(7) "Department" means the Secretary of the Department of Health and Mental Hygiene or a designee of the Secretary of the Department of Health and Mental Hygiene.
(8) "Fair value" means the value of the transferor considering all relevant factors, including those set forth in State Government Article, § 6.5 -301(d), Annotated Code of Maryland.
(9) "Hospital" has the meaning stated in Health-General Article, §19-301(g), Annotated Code of Maryland.
(10) "Material" means an original or any copy of any information or document, including a card, computerized record, correspondence, disc or diskette, drawing, electronic record, film or microfilm, form, map, photograph, photostat, recording, or tape.
(11) "Modification" means a temporary or permanent condition that shall be satisfied or executed by the transferee or transferor, or both.
(12) "Transferee" means the person in an acquisition that received the ownership or control of the nonprofit health entity that is the subject of the acquisition.
(13) Transferor.
(a) "Transferor" has the meaning stated in State Government Article, § 6.5 -101(b), Annotated Code of Maryland.
(b) "Transferor" includes, for purposes of information sought during the application process, predecessor or merged entities.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person that seeks to engage in an acquisition of a nonprofit health entity shall mail or deliver 30 complete copies of an application to the Office of the Attorney General, 200 St. Paul Place, Baltimore, Maryland 21202.
B. The application shall include:
(1) The name, address, and designated representative of:
(a) The transferor;
(b) The transferee; and
(c) Any other parties to the acquisition;
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.04 - Financial and Community Impact Report and Other Expert Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The transferee shall file a financial and community impact report prepared by an independent expert that analyzes whether:
(1) The purchase price represents the fair value of the transferor;
(2) The fair value of the transferor will be paid in accordance with State Government Article, § 6.5 -301(b)(2), Annotated Code of Maryland;
(3) Any part of the public or charitable assets that are subject to the acquisition will inure directly or indirectly to an officer, director, or trustee of the transferor;
(4) Any conflicts of interest exist for any officer, director, or trustee of the transferor; and
(5) The transaction is in the public interest, analyzing each factor set forth in State Government Article, § 6.5 -301(e), Annotated Code of Maryland, including if and to what extent the cost of health care in the community will be affected, and reaching a conclusion on each factor.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.05 - Public Access to Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person may request to inspect or copy all or part of an application or documents generated upon review of an application.
B. Unless it conflicts with this chapter or State Government Article, Title 6.5, Annotated Code of Maryland, the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland applies to public access to the application or documents generated upon review of an application, including provisions concerning judicial review of a denial of access.
C. General Rule of Confidentiality and Nondisclosure. Except as provided in §D or E of this regulation or otherwise by law, all information and documents gathered by or filed with the Attorney General pursuant to an application, investigation, or examination under this chapter are:
(1) Confidential;
(2) Not subject to subpoena; and
(3) Not to be made public by the Attorney General or any other party.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.06 - Public Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 90 days of receiving a complete application, including all expert reports required or requested by the Attorney General, the Attorney General shall hold a public hearing in the jurisdiction in which the hospital to be acquired by the transferee is located. If the acquisition involves hospitals in more than one jurisdiction, the Attorney General shall hold at least one public hearing in each jurisdiction in which a hospital to be acquired by the transferee is located.
B. The hearing shall be quasi-legislative and not a contested case hearing.
C. Notice of all hearings shall be published in accordance with State Government Article, § 6.5 -202, Annotated Code of Maryland.
D. The transferee is responsible for all reasonable costs related to the public hearings.
E. The Attorney General shall determine the conduct of the hearing, including:
(1) The order of presentation; and
(2) Time limits for questions and testimony.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 05 - ACQUISITION AND CONVERSION OF NONPROFIT HOSPITALS › Chapter 02.05.01 - Applications for and Hearings on the Acquisition and Conversion of Nonprofit Hospitals › Section 02.05.01.07 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days after the record is closed, including the conclusion of any public hearings, submission of any expert reports, and consultation with the Department, the Attorney General shall issue a decision:
(1) Approving the application without modification;
(2) Approving the application with modification; or
(3) Disapproving the application.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of the Attorney General for the inspection and copying of public records of the Office.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Office of the Attorney General to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.03 - 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) "Act" means the Public Information Act, General Provisions Article, §§ 4-101-4 -601, Annotated Code of Maryland.
(2) "Applicant" has the meaning stated in General Provisions Article, §
										4-101(b), Annotated Code of Maryland.
(3) "Board" has the meaning stated in General Provisions Article, §
										4-101(c), Annotated Code of Maryland.
(4) "Copy" means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.
(5) "Custodian" has the meaning stated in General Provisions Article, §
										4-101(d), Annotated Code of Maryland.
(6) "Indigent" has the meaning stated in General Provisions Article, §
										4-206(a)(2), Annotated Code of Maryland.
(7) "Metadata" has the meaning stated in General Provisions Article, §
										4-205(a), Annotated Code of Maryland.
(8) "Office" means the Office of the Attorney General.
(9) "Official custodian" has the meaning stated in General Provisions Article, §
										4-101(f), Annotated Code of Maryland.
(10) "Public Access Ombudsman" means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.
(11) Public record" has the meaning stated in General Provisions Article, §
										4-101(k), Annotated Code of Maryland.
(12) "Reasonable Fee" has the meaning stated in General Provisions Article, §
										4-206(a)(3), Annotated Code of Maryland.
(13) "Working day" means a day other than a Saturday, Sunday, State holiday, or other day on which the Office is not open for official business.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.04 - Attorney General as Official Custodian

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law, the Attorney General is the official custodian of the public records of the Office.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.06 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspection.
(1) Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if the custodian reasonably believes that:
(a) The Act or any other law may prohibit the disclosure of one or more public records to the applicant; or
(b) A written request will materially assist the Office in responding.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.07 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the applicant's contact information; and
B. Reasonably identify, by brief description, the public record sought.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.08 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
A request to inspect or copy a public record shall be addressed to the custodian of the record or to the Office's representative for public records requests as designated under General Provisions Article, § 4503, Annotated Code of Maryland. If the custodian is unknown, the request may alternatively be addressed to the Attorney General.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.09 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:
(1) Immediately; or
(2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.10 - Notice to Person Possibly Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.
B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.11 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:
(1) The public record is in a searchable and analyzable electronic format;
(2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and
(3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.12 - Public Record Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly:
A. Notify the applicant that the public record is not available; and
B. Explain the reasons why the public record cannot be produced.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.13 - Availability of Judicial and Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §
									4-362(a)(1), Annotated Code of Maryland, without pursuing the remedies set forth in General Provisions Article, Title 4, Subtitles 1A and 1B, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.14 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial Pending Court Order.
(1) If, in the opinion of the Attorney General, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Attorney General may temporarily deny the request and seek a court order allowing continued nondisclosure.
(2) A temporary denial shall be in writing.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.15 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Office is as follows:
(1) For each copy made by a standard printer or photocopying machine within the Office, 25 cents per page;
(2) For each copy made other than by a standard printer or photocopying machine within the Office, the actual cost of reproduction; and
(3) For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per item.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.16 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may inspect any public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office, subject to the ability of the custodian, if a record is not immediately available for inspection, to schedule a mutually agreeable date within a reasonable amount of time that comports with any applicable deadlines under the Act.
B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant's expressed wish, determines that another place is more suitable and convenient.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.01 - Public Information Act Requests › Section 02.06.01.17 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes of this regulation, "sociological information" means:
(1) Social Security number;
(2) Personal street address;
(3) Personal phone number;
(4) Date of birth; and
(5) Driver's license number.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of the Attorney General.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.02 - 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) "Act" means the Public Information Act, General Provisions Article, §§ 4-101-4 -601, Annotated Code of Maryland.
(2) "Custodian" has the meaning stated in General Provisions Article, §
										4-101(d), Annotated Code of Maryland.
(3) "Office" means the Office of the Attorney General.
(4) "Person in interest" has the meaning stated in General Provisions Article, §
										4-101(g), Annotated Code of Maryland.
(5) Public record" has the meaning stated in General Provisions Article, §
										4-101(k), Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request that the Office correct or amend any public record that:
A. The Office keeps; and
B. The person in interest is authorized to inspect.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in interest shall make a request to correct or amend a public record in writing.
B. The request shall:
(1) Identify the public record to be corrected or amended;
(2) State the precise correction or amendment requested;
(3) State the reason for the correction or amendment; and
(4) Include a statement that, to the best of the requester's belief, the public record is inaccurate or incomplete.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.05 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Attorney General.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.06 - Return of Nonconforming Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.
B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with:
(1) An explanation of the reason for the return; and
(2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:
A. Make the requested correction or amendment, and inform the requester in writing of the action; or
B. Inform the requester in writing that the Office will not:
(1) Make the requested correction or amendment, and the reason for the refusal; or
(2) Act on the request because:
(a) The requester is not a person in interest;
(b) The requester is not authorized to inspect the record; or
(c) Of any other reason authorized by law.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.08 - Response to Refusal of Request-Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise statement of the reasons for:
A. The requested correction or amendment; and
B. The person's disagreement with the refusal of the Office to make the correction or amendment.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.09 - Requirements for Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
The statement submitted under Regulation .08 of this chapter shall:
A. Be on pages not larger than 8-1/2 x 11 inches;
B. Use only one side of each page; and
C. Consist of not more than five pages.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.10 - Disclosure of Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.02 - Correction or Amendment of Public Records › Section 02.06.02.11 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may request administrative review under this regulation if the Office:
(1) Has refused the person's request to correct or amend a public record under Regulation .07 of this chapter;
(2) Has rejected the person's statement of disagreement under Regulation .08 of this chapter; or
(3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the "Instructions on Current Life-Sustaining Treatment Options" form developed by the Office of the Attorney General and certain related procedures and requirements.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.02 - 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) "Advance directive" has the meaning stated in Health-General Article, §5-601(d), Annotated Code of Maryland.
(2) "Agent" has the meaning stated in Health-General Article, §5-601(c), Annotated Code of Maryland.
(3) "Facility" has the meaning stated in Health-General Article, §19-343(a), Annotated Code of Maryland.
(4) "Form" means the "Instructions on Current Life-Sustaining Treatment Options" form required to be developed pursuant to Health-General Article, § 6-608.1, Annotated Code of Maryland.
(5) "Health care provider" has the meaning stated in Health-General Article, §5-601(k), Annotated Code of Maryland.
(6) "Medical record" has the meaning stated in Health-General Article, §4-301(g), Annotated Code of Maryland.
(7) "Patient" has the meaning stated in Health-General Article, §4-301(j), Annotated Code of Maryland.
(8) "Prepare" means to:
(a) Assist a patient or proxy in making entries on a form; and
(b) Obtain the signatures required on the form.
(9) "Proxy" means the agent or surrogate decision maker who is making health care decisions on behalf of a patient in accordance with the Health Care Decisions Act, Health-General Article, §§5-601 -5-618, Annotated Code of Maryland.
(10) "Resident" means a patient who has been admitted to a facility.
(11) "Surrogate decision maker" means an individual who makes health care decisions for a patient pursuant to Health-General Article, §5-605, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.03 - Nature and Contents of the Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. The form shall consist of two sides of a single sheet of paper.
B. The format and contents of the form are as follows:
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.04 - Voluntary Use of the Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of the form by a patient or proxy is voluntary.
B. A patient or proxy may make an entry on some parts of the form and decline to do so on other parts.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.05 - Offering of Form by Health Care Providers and Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any health care provider may offer the form to:
(1) A patient who has the capacity to use the form; or
(2) A proxy on behalf of a patient who lacks the capacity to use the form.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.06 - Preparation of the Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A patient or proxy who is considering use of the Form shall be offered assistance by:
(1) The patient's attending physician; or
(2) Another health care provider who:
(a) Has been determined by the attending physician to have the knowledge and skills to properly conduct a discussion about the form; and
(b) Acts under the general direction of the attending physician.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.07 - Maintenance of the Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A form prepared in accordance with Regulation .06 of this chapter is a medical record of the patient.
B. In a facility, the form shall be maintained visibly at the front of the patient's active chart.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.08 - Transmission and Review of the Form upon Transfer of Patient

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health care provider that has prepared the form for a patient or proxy shall include a complete and unaltered copy of the form in the records that physically accompany the patient upon transfer to the care of another health care provider.
B. If a health care provider, for good cause, is unable to include the form in the records that physically accompany a patient upon transfer, the facility shall promptly transmit by facsimile or make available by electronic means a complete and unaltered image of the form to the other health care provider.
C. A health care provider that receives the form shall make it available to the patient's attending physician for review before the issuance of medical orders on matters addressed by entries on the form.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.09 - Reproduction and Alteration of the Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health care provider may freely copy, store electronically and subsequently print, or otherwise reproduce the form.
B. A health care provider may:
(1) Include on the form additional identifying information about a patient; or
(2) Alter the spacing or position of identifying information about a patient.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 06 - GENERAL REGULATIONS › Chapter 02.06.03 - "Instructions on Current Life Sustaining Treatment Options" Form › Section 02.06.03.10 - Immunity

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health care provider who, in good faith, issues medical orders based on the form prepared in accordance with Regulation .06 of this chapter is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland.
B. If medical orders are issued based on the form prepared in accordance with Regulation .06 of this chapter, a health care provider that, in good faith, provides, withholds, or withdraws treatment in furtherance of those orders is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 07 - TOBACCO PRODUCT REGULATIONS › Chapter 02.07.01 - Nonparticipating Manufacturer Quarterly Escrow and Certification Obligations › Section 02.07.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to promote nonparticipating manufacturer compliance with the Escrow Act and Business Regulation Article, §
									16-503, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 07 - TOBACCO PRODUCT REGULATIONS › Chapter 02.07.01 - Nonparticipating Manufacturer Quarterly Escrow and Certification Obligations › Section 02.07.01.02 - 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) "Brand family" has the meaning stated in Business Regulation Article, §
										16-501(b), Annotated Code of Maryland.
(2) "Cigarette" has the meaning stated in Business Regulation Article, §
										16-501(c), Annotated Code of Maryland.
(3) "Escrow Act" means Ch. 169, Acts of 1999, as amended by Ch. 141, Acts of 2001.
(4) "Nonparticipating manufacturer" has the meaning stated in Business Regulation Article, §
										16-501(h), Annotated Code of Maryland.
(5) "Qualified escrow fund" has the meaning stated in Business Regulation Article, §
										16-501(j), Annotated Code of Maryland.
(6) "Units sold" has the meaning stated in Business Regulation Article, §
										16-501(l), Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 07 - TOBACCO PRODUCT REGULATIONS › Chapter 02.07.01 - Nonparticipating Manufacturer Quarterly Escrow and Certification Obligations › Section 02.07.01.03 - Quarterly Escrow Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. A nonparticipating manufacturer shall make the escrow payments required by the Escrow Act in quarterly installments during the year in which the sales covered by the payments are made, if the nonparticipating manufacturer has:
(1) Not previously established and funded a qualified escrow fund in Maryland;
(2) Not made any escrow payments for more than 1 year;
(3) Failed to make a timely or complete escrow payment for a prior calendar year;
(4) Failed to pay a judgment or civil penalty in connection with its Maryland sales; or
(5) Sold more than 1,600,000 cigarettes in Maryland during a calendar quarter.