reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.04 - Consolidation of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
In its discretion, the Board may consolidate complaints filed
				  under COMAR 14.02.02 and COMAR 14.02.03 if both complaints involve the same
				  applicant and same custodian, and if consolidation will promote efficient and
				  fair resolution of the complaints.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.05 - Computation of Time

Current through Register Vol. 51, No. 14, July 12, 2024
Computation of a period of time shall be governed by General
				  Provisions Article, §
									1-302, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.06 - Date of Receipt

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complaint,
				response, or reply to a response is deemed received on the date that it is
				postmarked or sent by email to the Board.
B. Inmate Applicants.
(1) A complaint, response, or reply to a
				response is deemed received on the date that the complaint, response, or reply
				to a response, in mailable form and with proper postage affixed is:
(a) Deposited by the inmate applicant into a
				receptacle designated by the facility for outgoing mail; or
(b) Personally delivered to an employee of
				the facility authorized by the facility to collect such mail.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.01 - Definitions; General Provisions › Section 14.02.01.07 - Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				maintain a record of each matter, including an index.
B. The Board's internal record of a matter
				shall consist of the following iffiled in a matter:
(1) The complaint;
(2) The response to a complaint;
(3) The reply to the response;
(4) Written notices;
(5) Written requests for
				information;
(6) Records or
				additional information received by the Board pursuant to COMAR
				14.02.05.03;
(7) The recording of an informal conference;
				and
(8) The Board's written
				decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.01 - Filing a Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				applicant or the applicant's designated representative may file a complaint
				with the Board within 30 days after receiving a Final Determination from the
				Ombudsman that a specific dispute has not been resolved.
B. The complaint shall:
(1) Pertain only to the dispute described in
				the Final Determination;
(2) Be
				submitted in writing; and
(3) Be
				signed by the applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.02 - Documents Attached to Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. If available, an applicant shall attach to
				the complaint:
(1) A copy of the original
				request for a public record;
(2) A
				copy of the custodian's response; and
(3) The Ombudsman i Final
				Determination.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.03 - Response to Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				receipt of a complaint, the Board shall:
(1)
				Promptly send the complaint to the custodian identified in the complaint;
				and
(2) Request that the custodian
				send a response to the Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.04 - Reply to Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board may, in its discretion, permit the applicant to file a reply to the
				custodian's response.
B. If
				permitted to file a reply, the applicant shall:
(1) File the reply within 15 days after
				receiving the custodian's response; and
(2) Send a copy of the reply to the
				custodian.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.05 - Effect of Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
If a written response from a custodian is not received within
				  30 days after the Board notifies the custodian of the complaint and requests a
				  response and the Board has not requested any additional information, the Board
				  shall decide the case on the facts before it.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.06 - Transfer of Information from Ombudsman

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Ombudsman may transfer basic
				information about a dispute to the Board, including:
(1) The identity of the applicant and
				custodian;
(2) A briefsummary of
				the nature of the dispute; and
(3)
				A copy of the Final Determination relevant to the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.07 - Withdrawal of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may withdraw a complaint at any time until the
				  Board's decision is issued.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.08 - Dismissal of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board shall dismiss a complaint if:
(1) The
				Board lacks jurisdiction to review the complaint;
(2) The complaint is filed more than 30 days
				after the applicant received the Ombudsman's Final Determination; or
(3) The complaint is not signed by the
				applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.02 - Complaint Process - Applicants › Section 14.02.02.09 - Effect of Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A complaint, the custodian's response to a complaint, and a
				  reply to the custodian's response are public records of the Board subject to
				  inspection under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.01 - Filing a Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				custodian may file a complaint with the Board within 30 days after receiving a
				Final Determination from the Ombudsman that a dispute has not been
				resolved.
B. The complaint shall:
(1) Pertain only to the dispute described in
				the Final Determination;
(2) Be
				submitted in writing; and
(3) Be
				signed by the custodian.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.02 - Documents Attached to Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. If available, a custodian shall attach to
				the complaint:
(1) A copy of the original
				request for a public record;
(2) A
				copy of the custodian's response; and
(3) The Ombudsman's Final
				Determination.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.03 - Response to Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				receipt of a complaint, the Board shall:
(1)
				Promptly send the complaint to the applicant identified in the complaint;
				and
(2) Request that the applicant
				send a response to the Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.04 - Reply to Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board may, in its discretion, permit the custodian to file a reply to the
				applicant's response.
B. If
				permitted to file a reply, the custodian shall:
(1) File the reply within 15 days after
				receiving the applicant's response; and
(2) Send a copy of the reply to the
				applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.05 - Effect of Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
If a written response from an applicant is not received
				  within 30 days after the Board notifies the applicant of the complaint and
				  requests a response and the Board has not requested any additional information,
				  the Board shall decide the case on the facts before it.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.06 - Transfer of Information from Ombudsman

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Ombudsman may transfer basic
				information about a dispute to the Board, including:
(1) The identity of the applicant and
				custodian;
(2) A brief summary of
				the nature of the dispute; and
(3)
				A copy of the Final Determination relevant to the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.07 - Withdrawal of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian may withdraw a complaint at any time until the
				  Board's decision is issued.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.08 - Dismissal of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board shall dismiss a complaint if:
(1) The
				Board lacks jurisdiction to review the complaint;
(2) The complaint is filed more than 30 days
				after the custodian received the Ombudsman s Final Determination; or
(3) The complaint is not signed by the
				custodian.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.03 - Complaint Process - Custodians › Section 14.02.03.09 - Effect of Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A complaint, the applicant's response to a complaint, and a
				  reply to the applicant's response are public records of the Board subject to
				  inspection under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.04 - Informal Conference › Section 14.02.04.01 - Board's Discretion

Current through Register Vol. 51, No. 14, July 12, 2024
If the Board is unable to reach a decision based on the
				  written submissions before it, the Board may schedule an informal conference to
				  hear from the complainant and affected custodian or applicant, or any other
				  person with relevant information about the subject of the
				  complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.04 - Informal Conference › Section 14.02.04.02 - Notice of Informal Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				After receipt of a complaint, the response, and a reply to the response, if one
				is filed, the Board shall notify the parties if it intends to hold an informal
				conference.
B. Notice of an
				informal conference shall state:
(1) The names
				of the complainant and affected custodian or applicant;
(2) The matter number;
(3) The date and time of the informal
				conference; and
(4) The location of
				the informal conference.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.04 - Informal Conference › Section 14.02.04.03 - Location of Informal Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				An informal conference shall be held in a location that is as convenient as
				practicable to the complainant and the affected custodian or
				applicant.
B. An informal
				conference may be held by video conference or teleconference, at the Board's
				discretion.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.04 - Informal Conference › Section 14.02.04.04 - Timing of Informal Conference

Current through Register Vol. 51, No. 14, July 12, 2024
An informal conference shall be held as soon as practicably
				  possible after receipt of all written submissions, but no later than 30 days
				  after receipt of all written submissions unless extenuating circumstances
				  require an extension.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.04 - Informal Conference › Section 14.02.04.05 - Procedure During Informal Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Charge of Informal Conference.
(1) The Chair of the Board shall have charge
				over the conduct of an informal conference.
(2) If the Chair is recused from a matter
				under COMAR
				14.02.01.03, then a Board member
				designated by the Chair shall have charge over the conduct of an informal
				conference.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.01 - Form of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				send a request for additional information by email or regular mail.
B. The Board shall send a copy of a request
				for additional information to all parties.
C. The Board may direct the party providing
				the additional information to send a copy of the additional information
				provided in response to the Board's request to the other party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.02 - Request for Custodian's Response to Request for Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
If a complaint alleges that a custodian failed to respond to
				  a request for a public record within the time limits established under General
				  Provisions Article, §
									4-203(a)
				  or (d), Annotated Code of Maryland, the Board may request the response to the
				  request for a public record.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.03 - Requests Related to Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a complaint alleges that a custodian
				denied inspection of a public record in violation of the Act, the Board may
				request that the custodian provide, as appropriate in the Board's discretion:
(1) A copy of the public record for in camera
				inspection, unless the custodian's response to the request for a public record
				indicated that inspection was denied under General Provisions Article, §
										4-301(a)(2)(H),
				Annotated Code of Maryland;
(2) A
				descriptive index of the public record; or
(3) A written reason why the record cannot be
				disclosed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.04 - Request for Basis for Fee Charged

Current through Register Vol. 51, No. 14, July 12, 2024
If a complaint alleges that a custodian charged an
				  unreasonable fee or estimated fee under General Provisions Article, §
									4-206, Annotated
				  Code of Maryland, the Board may request that the custodian provide more
				  information about the basis for the fee or estimated fee
				  charged.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.05 - Frivolous, Vexatious, or Bad Faith Requests

Current through Register Vol. 51, No. 14, July 12, 2024
If necessary to resolve the complaint, the Board may request
				  more information related to an alleged frivolous, vexatious, or bad faith
				  request, including information about the applicant's pattern or history of
				  requests.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.06 - Request for Affidavit or Statement

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may request that a custodian or applicant provide
				  an affidavit, in the form provided by Maryland Rule 1-304, or a statement
				  containing the facts that are at issue in the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.05 - Request for Records or Additional Information › Section 14.02.05.07 - Timing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				request additional records or information, if needed, as soon as practicably
				possible.
B. A custodian or
				applicant shall send to the Board the additional records or information
				requested as soon as practicably possible after receipt of the Board's request,
				but no later than 30 days after receipt of the request.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.01 - General Confidentiality Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records or Information Received by the
				Board.
(1) A record or information received by
				the Board pursuant to COMAR
				14.02.05.03 is not a public record
				of the Board subject to inspection under the Act.
(2) A complaint, the response, and a reply to
				the response received by the Board are public records of the Board subject to
				inspection under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.02 - Provision of Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records or information received by the
				Board pursuant to COMAR
				14.02.05.03 may be sent by regular
				mail, certified mail, email, or hand delivery.
B. Records or information sent to the Board
				under this regulation shall contain an inspection index.
C. Each individual record or information sent
				to the Board under this regulation shall be Bates numbered consecutively and
				correspond to the numbers as listed in the index.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.03 - Storage of Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hardcopy records or information received
				by the Board pursuant to COMAR
				14.02.05.03 shall be stored on
				behalf of the Board in a locked file of the Public Access Unit of the Office of
				the Attorney General.
B. Electronic
				records or information received by the Board pursuant to COMAR
				14.02.05.03 shall be stored on
				behalf of the Board in a secure electronic file.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.04 - Access to Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only the Board, an Assistant Attorney
				General assigned to the Public Access Unit, the administrator to the Board, and
				individuals working under the supervision and at the direction of the staff of
				the Public Access Unit may inspect records or information received by the Board
				pursuant to COMAR 14.02.05.03.
B.
				The individuals listed in §A of this regulation shall safeguard the
				confidentiality of records or information received by the Board pursuant to
				COMAR 14.02.05.03.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.05 - Reference to Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
References in the Board's decision to specific records or
				  information received by the Board pursuant to COMAR
				  14.02.05.03 shall be by the Bates
				  numbers or by generic descriptions or characterizations as set forth in the
				  inspection index.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.06 - Return or Destruction of Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. No Appeal of
				Board Decision Filed.
(1) After 45 days from
				the issuance of the Board's decision, the Board shall notify the custodian to
				make appropriate arrangements for the return of all records or information
				received by the Board pursuant to COMAR
				14.02.05.03.
(2) Destruction of Records or Information.
(a) If a custodian fails to make arrangements
				for the return of records or information received by the Board pursuant to
				COMAR 14.02.05.03, the Board shall destroy the records or information after 90
				days from the issuance of the Board's decision.
(b) Destruction of electronic records or
				information shall be accomplished by deleting the records or information from
				email and the internal network drive of the Public Access Unit.
(c) Destruction of hardcopy records or
				information shall be accomplished by shredding the records.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.07 - Effect of Providing Confidential Records or Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A custodian may not be civilly or
				criminally liable under Maryland law for providing or describing a public
				record to the Board under General Provisions Article, §
									4-1A-06(b),
				Annotated Code of Maryland.
B. The
				provision of a record or a description of a record to the Board under General
				Provisions Article, §
									4-1A-06(b),
				Annotated Code of Maryland, may not be construed as a waiver of any applicable
				privilege.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.06 - Confidential Records or Information Provided Under COMAR 14.02.05.03 › Section 14.02.06.08 - Record on Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				shall prepare and transmit the record in accordance with the Maryland
				Rules.
B. The Board shall transmit
				any part of the record that contains records or information received by the
				Board pursuant to COMAR
				14.02.05.03, or that are otherwise
				not open to public inspection, under seal.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.07 - Decisions of Board › Section 14.02.07.01 - Written Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board shall issue a written decision.
B. In its written decision, the Board shall
				refer to any confidential records or information in accordance with COMAR
				14.02.06.05.
C. A decision of the
				Board may state that it is unable to resolve the complaint.
D. The Board shall send a copy of the written
				decision to the complainant and the affected custodian or applicant.
E. The Board may send to any custodian in the
				State any written decision that will provide the custodian with guidance on
				compliance with the Act.
F. As
				required by statute, the Attorney General shall post on the website of the
				Office of the Attorney General all of the Board's written decisions.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.07 - Decisions of Board › Section 14.02.07.02 - Timing Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided in Regulation .03 of this chapter, the Board shall issue a written
				decision within 30 days after receiving the written response, a reply, if
				filed, and all records or information requested under COMAR 14.02.05.
B. Except as provided in Regulation .03 of
				this chapter, if the Board holds an informal conference under COMAR 14.02.04,
				the Board shall issue a written decision within 30 days after the informal
				conference.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.07 - Decisions of Board › Section 14.02.07.03 - Statement of Delay

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				is unable to issue a decision within the time periods specified in Regulation
				.02 of this chapter, it shall state in writing the reason for its inability to
				issue a decision.
B. The Board
				shall issue a decision as soon as possible, but no later than 120 days after
				the filing of the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.07 - Decisions of Board › Section 14.02.07.04 - Remedies

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				finds that a custodian has denied inspection of all or part of a public record
				in violation of the Act, the Board may order the custodian to produce the
				public record for inspection.
B. If
				the Board finds that a custodian charged an unreasonable fee or charged an
				unreasonable estimated fee under General Provisions Article, §
									4-206, Annotated
				Code of Maryland, the Board may order the custodian to reduce the fee or
				estimated fee to an amount the Board determines is reasonable and refund the
				difference, if applicable.
C.
				Remedies for Custodian's Failure to Respond.
(1) If the Board finds that a custodian
				failed to respond to a request for a public record within the time limits
				established under General Provisions Article, §
										4-203(a)
				or (d), Annotated Code of Maryland, the Board may order the custodian to
				promptly respond.
(2) The Board may
				order a custodian to waive all or part of the fee that the custodian is
				entitled to charge under General Provisions Article, §
										4-206, Annotated
				Code of Maryland, if:
(a) The Board finds that
				a custodian failed to respond to a request for a public record within the time
				limits established under General Provisions Article, §
											4-203(a)
				or (d), Annotated Code of Maryland; and
(b) The Board includes its reasons for
				ordering the waiver in its written decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.07 - Decisions of Board › Section 14.02.07.05 - Appeal Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complainant
				or custodian may appeal the Boards decision in accordance with General
				Provisions, § 4-362(a)(2), Annotated Code of Maryland.
B. An appeal filed pursuant to §A of
				this regulation automatically stays the Board's decision pending the circuit
				court's decision.
C. A party may
				not appeal a decision of the Board that states that the Board is unable to
				resolve the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.08 - Meetings of Board › Section 14.02.08.01 - Deliberations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To resolve a
				complaint, the Board may deliberate by email, teleconference, videoconference,
				or in person.
B. Deliberations
				under this regulation shall pertain only to the resolution of a
				complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD › Chapter 14.02.08 - Meetings of Board › Section 14.02.08.02 - Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				elect to convene regular standing meetings to deliberate and resolve
				complaints, and to address any other business of the Board.
B. All meetings shall be held in accordance
				with General Provisions Article, Title 3, Annotated Code of Maryland, to the
				extent applicable to the meeting.
C. All meetings shall be governed by commonly
				accepted rules of parliamentary procedure as determined by the Chair of the
				Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
The rules of procedure provided in this chapter apply to the
				  processing of complaints of discrimination under the provisions of State
				  Government Article, Title 20, Annotated Code of Maryland, except for those
				  covered under the "Discrimination in Housing" subtitle, State Government
				  Article, Title 20, Subtitle 7, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaint.
(1) "Complaint" is a written statement by a
				person or by the Commission alleging an act of discrimination prohibited by
				State Government Article, Title 20, Annotated Code of Maryland, or any other
				statute administered or enforced by the Commission under the laws of
				Maryland.
(2) No particular
				language or allegations may be required in a complaint for its filing, provided
				that its language is sufficient to apprise a reasonable person that such an act
				has been alleged.
(3) A complaint
				may be amended as provided in these regulations to include these allegations of
				specific facts and particulars as will fairly inform the respondent of the
				unlawful conduct alleged or otherwise to conform the complaint to the
				requirements of law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.03 - Complaint Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May
				File.
(1) Any person or organization whose
				membership includes any person or persons, who claim to have been aggrieved by
				an act or acts of unlawful discrimination prohibited by State Government
				Article, Title 20, Annotated Code of Maryland, may file a complaint with the
				Commission.
(2) The Commission may
				file a complaint in accordance with State Government Article, Title 20,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.04 - Complaint Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review
				and Authorization. After the filing of a complaint, the Executive Director or
				designee shall:
(1) Review the complaint to
				determine whether it should issue for reasons of standing of the parties,
				timeliness of the filing, or other matters upon which its issuance may
				depend;
(2) In cases where the
				complaint is acceptable, authorize an investigation by dating and signing the
				complaint; or
(3) In cases where
				the complaint is rejected and not susceptible to amendment, serve notice on the
				complainant stating the reasons for the rejection.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.05 - Investigative Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Investigation. Upon the authorization of a complaint, the Executive Director or
				designee shall assign, or cause to be assigned, the investigation of the
				complaint to a staff investigator.
B. Systemic Processing.
(1) The Executive Director or designee may
				identify the complaint for systemic processing when the Executive Director or
				designee determines that:
(a) The alleged
				discriminatory practices contained in a complaint are pervasive or
				institutional in nature;
(b) The
				processing of the complaint will involve complex issues, novel questions of law
				or fact; or
(c) A large number of
				persons will be affected.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.06 - Default Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Interrogatories - Default Procedure.
(1) If,
				after a respondent has been served with duly authorized interrogatories
				together with a notice of the consequences of the failure to answer them, the
				respondent fails either to answer the interrogatories or to file a motion to
				strike or exceptions to the interrogatories within the time specified, the
				Executive Director or designee shall serve or cause to be served upon the
				respondent the following notice:
"Notice is hereby given that a complaint has been served upon
				  you alleging that you have violated State Government Article, Title 20,
				  Annotated Code of Maryland. Pursuant to this Commission's authority under State
				  Government Article, Title 20, interrogatories have been served upon you. These
				  interrogatories have not been answered. Your failure to answer fully the
				  interrogatories under oath within 5 days after receipt of this notice may
				  result in the entry of a default in the matter of this complaint. This default
				  order may include the following sanctions:
(a) An admission that the interrogatories, if
				answered, would have established facts consistent with the claim of the
				complainant; and
(b) A waiver of
				your right to have this Commission conduct further investigation, find whether
				there is probable cause, make conciliation efforts, or hold a hearing allowing
				the presentation of any and all defenses to the complaint which you might have
				otherwise raised."
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.07 - Negotiated Settlement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Purpose. In the interest of promoting a prompt and just resolution of
				complaints brought, parties to a complaint are encouraged to enter into a
				settlement agreement.
B. How
				Commenced.
(1) At any time before the
				issuance of written finding of facts, either party to a complaint may request
				that negotiations be entered.
(2)
				Upon receipt of this request, the Executive Director or designee shall attempt
				to initiate these negotiations by arranging and presiding over a meeting
				between the parties.
(3) If both
				parties indicate a willingness to enter these negotiations, the Commission
				staff may require as a condition precedent to the convening of any meeting that
				the complainant, the respondent, or both, submit information which will
				facilitate an understanding of the case and promote its resolution.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.08 - Completion of Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Written Findings.
(1) The results of the
				staff's investigation shall be set forth in a written report entitled "written
				findings" which shall chronicle the facts found to exist and the conclusions
				drawn.
(2) The findings shall be
				served on all parties to the complaint.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.09 - Conciliation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Conciliation.
(1) Upon a written finding of
				probable cause, the Commission, the complainant, and the respondent shall enter
				the conciliation process.
(2)
				Written notice of the opportunity to conciliate shall be provided to the
				parties.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.10 - Public Hearings - Certification and Preliminary Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification of
				File.
(1) Upon failure of conciliation, the
				Executive Director or designee shall certify the case for public hearing. An
				entry identifying this case shall be logged in the Commission's official docket
				book, which shall be maintained by the Executive Director for cases pending
				public hearing.
(2) Upon
				certification of the file, the Executive Director or designee shall so notify
				the parties to an action and issue to complainant notice of opportunity for
				election of a civil action, pursuant to State Government Article, §
										20-1007, Annotated
				Code of Maryland, and Regulation .13 of this chapter.
(3) The Executive Director or designee shall
				forward the certified case file to the Commission's general counsel for further
				processing.
(4) The general
				counsel, on review of a file so certified, may remand the case to the Executive
				Director or designee for:
(a) Further
				investigation and, in this case, shall state clearly the issues requiring
				further investigative proceedings; or
(b) Review of the findings and, in this case,
				shall state clearly the reason or reasons for the review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.11 - Administrative Hearing Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Information.
(1) Location of Hearing.
				An administrative law judge shall conduct the hearing at a place in Baltimore
				City or the county in which the discriminatory practice is alleged to have
				occurred.
(2) The administrative
				law judge shall conduct the hearing in accordance with COMAR
				28.02.01.07, and State Government
				Article, §
										20-1008(a),
				Annotated Code of Maryland.
(3)
				Time Computations.
(a) Time computations
				under this regulation shall be in accordance with Article 1, § 36,
				Annotated Code of Maryland.
(b)
				Except for time periods required by statute, the administrative law judge may
				enlarge or reduce any time period required under this regulation when necessary
				to avoid prejudicing the public interest or the rights of the
				parties.
(c) In computing any time
				period involved, the date of the issuance of an order or decision by an
				administrative law judge is the date the order or decision is served by the
				Office of Administrative Hearings.
(d) Documents are not filed until received by
				the Office of Administrative Hearings.
(4) Service and Filing.
(a) Service of documents under this
				regulation shall be in accordance with COMAR 28.02.01.24.
(b) Copies of all filed documents shall be
				served on all parties of record.
(c) All filed documents shall clearly
				designate the docket number, if any, title of the proceeding, and certificate
				of service.
(d) Parties shall file
				all documents with the Office of Administrative Hearings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.12 - Review by the Appeal Board of Decisions of the Administrative Law Judge

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of
				Appeal.
(1) An appeal may be taken by the
				Commission, the respondent, or the complainant.
(2) An appeal to the Appeal Board of the
				Commission shall be taken by filing with the administrative law judge a written
				notice of appeal within 30 days from the date of the delivery of the decision
				to the appealing party.
(3) This
				notice shall be sufficient if it is titled and captioned in the same manner as
				the case before the administrative law judge, and if it contains language
				indicating that the party desires a review of the decision of the
				administrative law judge.
(4) The
				appealing party shall serve a copy of the notice of appeal upon all other
				parties and shall certify in the notice of appeal that this service has been
				made.
(5) If a timely notice of
				appeal is filed by a party, any other party may file a written notice of appeal
				within 15 days of the date on which the first notice of appeal was filed or
				within the 30-day period set forth in §A(1) of this regulation, whichever
				is later.
(6) The administrative
				law judge shall promptly forward to the Chairman the transcript of the hearing
				together with all pleadings, exhibits, and other materials constituting the
				record of the case.
(7) If any
				question presented by an appeal can be determined by the Appeal Board without
				an examination of the entire record, the parties may prepare and sign a
				statement of the case showing how the question arose and was decided, setting
				forth only so much of the facts alleged and proved, or sought to be proved, as
				are essential to a decision of the question by the Appeal Board.
(8) A statement prepared under §A(7) of
				this regulation, when filed with the Appeal Board, shall be treated as
				superseding, for the purposes of the appeal, all parts of the record other than
				the decision from which the appeal is taken, and, together with this decision,
				shall be transmitted to the Appeal Board as the record on appeal.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.13 - Election of a Civil Action

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Right to Election of a Civil Action.
(1) A
				complainant or respondent may elect to have the Commission assert the claim in
				a civil action, pursuant to State Government Article, §
										20-1007, Annotated
				Code of Maryland, in lieu of an administrative action, pursuant to State
				Government Article, §
										20-1008, Annotated
				Code of Maryland.
(2) The
				complainant or respondent shall make an election of civil action not later than
				30 days after receipt of notice of opportunity for an election.
(3) The complainant or respondent shall give
				notice of an election of civil action to all parties to the action, including
				the Commission.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.01 - Rules of Procedure; Public Hearing Process › Section 14.03.01.14 - Private Right of Action

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Right to Private Right of Action. Pursuant to State Government Article, §
									20-1013, Annotated
				Code of Maryland, a complainant may file a private right of action against the
				respondent in the circuit court of Baltimore City or the county where the
				alleged discriminatory act occurred.
B. A complainant may file a private right of
				action if:
(1) The complainant initially
				filed a timely administrative charge or complaint under federal, State, or
				local law alleging a discriminatory act by the respondent;
(2) At least 180 days have elapsed since the
				date of filing of the administrative complaint; and
(3) The civil action is filed not more than 2
				years after the occurrence of the alleged discriminatory act.