reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.07 - Unaffected Projects

Current through Register Vol. 51, No. 14, July 12, 2024
The following types of capital improvements are not subject
				  to the reporting requirements of these procedures either because they do not
				  significantly affect the environment or because they are not the subject of
				  "proposed State action" that is, there is no specific request for legislative
				  appropriation or other legislative action for the improvements:
A. Installation, modification, or renewal of
				navigational, traffic control, and safety equipment such as signing,
				signalization, lighting, fencing, freeway surveillance and control systems,
				railroad protective devices, roadway grooving, glare screens, safety barriers,
				and energy attenuators;
B. Interior
				or exterior renovation of transportation facilities which does not
				significantly increase capacity;
C.
				Overlay or resurfacing of existing taxiway, runway, ramp, roadway, and parking
				lot surfaces;
D. Modernization and
				improvement of existing highways by resurfacing, reconstruction of roadbeds,
				widening less than single lane width, adding shoulders, adding auxiliary lanes
				for localized purposes, correcting substandard curves and intersections, spot
				improvements, drainage improvements, erosion control, and
				channelizations;
E. Addition of
				scenic lands, rest areas, and scenic overlooks without sewage
				discharge;
F. Junkyard and outdoor
				advertising control projects;
G.
				Traffic noise attenuation projects;
H. Reconstruction of grade
				separations;
I. Approval of utility
				installations along or across a transportation facility;
J. Construction of bicycle and pedestrian
				lanes, paths, and facilities;
K.
				Improvements to existing rest areas and truck weigh stations;
L. Ride-sharing activities;
M. Alterations to facilities or vehicles to
				make them accessible for elderly and handicapped persons;
N. Bridge redecking, resurfacing, and minor
				rehabilitation (superstructive only); and
O. Modification, upgrading, repair, or
				retrofitting of existing stormwater management facilities or the retrofit
				construction of new facilities when not done in conjunction with another
				transportation project.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.08 - Implementation of The Maryland Environmental Policy Act › Section 11.01.08.08 - Forms

Current through Register Vol. 51, No. 14, July 12, 2024
Environmental Assessment Form (EAF)
This form is to assist the reviewers in determining whether a
				  proposed action could cause significant natural and socioeconomic environmental
				  effects and thus require an environmental effects report.
Department _______________________________ Division
				  _________________________
Other
				  _______________________________________________________________________
Project Title
				  _______________________________________________________________
Predicted Dates: Commencement
				  _______________________________________________
Completion _____________________________ Projected Cost
				  _____________________
A. Background
				Information.
(1) Give a brief description of
				the proposed action/project(s).
(2)
				Describe the geographical area(s) which will be affected by the
				action/project(s); specifically locate the project by using the Maryland
				coordinate grid system; include distinguishing natural and man-made features
				and a brief description of the present use of the area(s). Include a suitable
				location map (sketch map or copy of U.S. Geological Survey Map,
				etc.).
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.10 - Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program › Section 11.01.10.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Minority Business Enterprise Program Manual,
				  formerly known as The Maryland Minority Business Enterprise/Federal
				  Disadvantaged Business Enterprise Program (Maryland Department of
				  Transportation, November 1999), as amended February 2009 and July 2014, is
				  incorporated by reference
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out the procedures for the filing of
				  requests with the Department of Transportation for the inspection and copying
				  of records under State Government Article, §§
									10-611 -10-628,
				  Annotated Code of Maryland. It is the policy of the Department to facilitate
				  public access to the records of the Department when access is allowed by law by
				  minimizing costs and time delays to persons requesting
				  information.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.02 - 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,
				State Government Article, §§
										10-611 -10-628,
				Annotated Code of Maryland.
(2)
				"Applicant" means a person or government unit that asks to inspect a public
				record.
(3) "Custodian" means an
				authorized person employed by the Department having physical custody and
				control of public records of the Department.
(4) "Department" means the Department of
				Transportation.
(5) "Official
				custodian" means and includes whomever the Secretary of Transportation shall
				appoint in the Departmental headquarters elements, the administrations, and the
				various Departmental boards and commissions (including the Transportation
				Authority), who are responsible for the maintenance, care, and keeping of
				public records, regardless of whether these records are in the official
				custodian's actual personal custody and control.
(6) "Public records" has the meaning stated
				in State Government Article, §
										10-611, Annotated
				Code of Maryland
(7) "Secretary"
				means the Secretary of Transportation.
(8) "Sociological information" means:
(a) Social Security number;
(b) Personal address;
(c) Personal phone number;
(d) Personal email address;
(e) Date of birth; and
(f) Driver's license number.
(9) "Working day" means every day
				except Saturdays, Sundays, and State holidays.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
Any person may request to inspect or copy any public record
				  that is in the custody and control of the Department.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.04 - Form of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Inspections.
(1) Except as otherwise provided
				in this regulation, the custodian shall generally make public records 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 the Act or any other law may
				prevent the disclosure of the record to the applicant or that a written request
				will materially assist the Department in responding to the request.
(3) The custodian of record shall not
				disclose sociological information to a requester, except the custodian may
				permit inspection:
(a) By an individual named
				in the record;
(b) By the attorney
				of record of an individual named in the record;
(c) By the insurance company of record of an
				individual named in the record;
(d) By public employees in performance of
				their public duties;
(e) When
				required by a duly issued subpoena;
(f) When the Secretary determines that
				disclosure is in the public's best interest; or
(g) When otherwise required by law.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.05 - Filing the Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				written request shall be addressed to the custodian of the record. If the
				custodian of the record is unknown to the applicant, the request may be
				addressed to the Secretary or to the appropriate official custodian.
B. Official custodians and custodians shall
				coordinate their responses to all requests for public records received from the
				media with the appropriate public affairs officer to ensure that these requests
				are handled in a manner consistent with normal media relations
				practices.
C. The Motor Vehicle
				Administration shall develop request procedures in keeping with the spirit of
				these regulations whereby volume applicants for release of public records need
				not use Form D-RM-005.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.06 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				custodian decides to grant a written request for inspection, the custodian
				shall produce the record for inspection immediately or within a reasonable
				period, not to exceed 30 days from the date of the request, when that period of
				time is needed to retrieve the information.
B. If the official custodian decides to deny
				the written request, the official custodian shall do so within 30 days of the
				written request and, immediately upon deciding to deny the request, notify the
				applicant of the denial by providing a written statement of the grounds for the
				denial, including a citation of the law or regulation under which access is
				denied and all remedies for review of the denial under the Act.
C. Any reasonably severable portion of a
				record shall be provided to the applicant after deletion of those portions
				which may be withheld from disclosure.
D. If a requested public record is not in the
				custody or control of the person to whom written application is made, that
				person shall, within 10 working days of the receipt of the request, so notify
				the applicant. If that person knows the name of the custodian of the record or
				the location or possible location of the record, this information shall also be
				given to the applicant.
E. With the
				consent of the applicant, any time limit imposed by §§A, B, and D of
				this regulation may be extended for an additional period not to exceed 30
				days.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.07 - Notification of Persons Who May Be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the custodian may notify any person
				  who could be adversely affected by disclosure of a record to the applicant that
				  a request for inspection or copying of the record has been made. The custodian
				  may consider the views of this person before deciding whether to disclose the
				  record to the applicant.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If the public record requested is in the custody and control
				  of the person to whom written application is made, but is not immediately
				  available for inspection or copying, the custodian shall notify the applicant
				  of this fact within 10 working days of the receipt of the request and shall set
				  a date and hour within a reasonable time at which date and time the custodian
				  shall make the record available to the applicant for inspection or
				  copying.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the requested record has been destroyed or lost, the
				  custodian to whom the application is made shall notify the applicant of this
				  fact within 10 working days of the request and shall explain in the response
				  the reasons or circumstances why the record cannot be
				  produced.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.11 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				written request is denied by the official custodian for a reason other than
				that the record is temporarily unavailable, the applicant may request an
				administrative hearing on the denial within 30 days after receipt of the
				notification of the written denial.
B. If a hearing is requested by the
				applicant, the hearing shall be conducted by the Office of Administrative
				Hearings pursuant to a delegation from the Secretary and the hearing shall be
				governed by State Government Article, §§
									10-205 -10-225,
				Annotated Code of Maryland and the regulations promulgated thereunder. After
				the hearing, the administrative law judge shall prepare proposed findings of
				fact, proposed conclusions of law, and a proposed order. The Secretary or the
				Secretary's designee shall issue the final decision of the
				Department.
C. If the
				administrative hearing finding confirms total or partial denial of the written
				request, the applicant may then seek judicial review pursuant to State
				Government Article, §
									10-222, Annotated
				Code of Maryland.
D. If the
				applicant chooses not to request a hearing under §A of this regulation,
				the applicant alternatively may file an action for judicial review under State
				Government Article, §10-623, Annotated Code of Maryland, without
				exhausting that administrative remedy.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.12 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the official custodian, disclosure of
				  any public record which is otherwise required to be disclosed under the Act
				  would do substantial injury to the public interest, the official custodian may
				  temporarily deny the request in writing. In these cases, the official custodian
				  shall apply within 10 working days of the denial to the appropriate circuit
				  court for an order permitting the official custodian to continue to deny or
				  restrict the disclosure. Notice of the application filed with the circuit court
				  shall be served upon the applicant by the official custodian in the same manner
				  provided for service of process by the Maryland Rules of
				  Procedure.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule
				for reproducing public records of the Department is as follows:
(1) Photocopies. The charge for each copy is
				25 cents per page when reproduction can be made by a photocopying machine
				within the Department. However, when records are not susceptible to
				photocopying, for example, punch cards, magnetic tapes, blueprints, and
				microfilm, the charge for reproducing the record will be determined on a
				case-by-case basis at actual cost.
(2) Printed Material. The charges for printed
				documents shall be actual cost of the item, if known. If actual cost is not
				known, the charge shall be 5 cents per page.
(3) Printouts. If the Department is required
				to provide a printout, the charge for the printout shall be determined on a
				case-by-case basis, taking into account computer and peripheral equipment
				usage, programming, and material costs.
(4) Certification of Copies. When a person
				requests that a copy of a record be certified as a true copy, an additional fee
				of 15 cents per page or, if appropriate, $1 per item, shall be
				charged.
(5) Search Fees.
(a) Except as provided in §A(5)(b) of
				this regulation, the official custodian may charge reasonable fees for the
				search and preparation of records for inspection and copying.
(b) The official custodian may not charge any
				search or preparation fees for the first 2 hours of official or employee time
				that is needed to respond to a request for information.
(6) If the applicant requests that copies be
				mailed or delivered to the applicant, the custodian may charge the applicant
				for the cost of postage or delivery to the applicant.
(7) Upon request, the official custodian may
				waive or reduce any fee charged pursuant to this regulation if the official
				custodian determines that the waiver or reduction is in the public interest.
				The official custodian shall consider, among other relevant factors, the
				ability of the applicant to pay the cost or fee. A charge need not be made if
				the total amount of the fee is $1 or less.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.14 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record that the applicant
				  is entitled to inspect during the normal working hours of the
				  Department.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.13 - Release of Public Records › Section 11.01.13.15 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document
				  is located unless the custodian determines that another place of inspection is
				  more suitable and convenient after taking into account the applicant's
				  expressed wish.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures for administrative hearings
				  in contested cases. These procedures are required by the Maryland
				  Administrative Procedure Act, State Government Article, Title 10, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. These procedures
				apply to all contested cases within the Department except hearings conducted by
				the Motor Vehicle Administration under the procedures set forth in the Maryland
				Vehicle Law and hearings governed by special regulations or otherwise exempted
				by law from coverage.
B. These
				procedures do not apply to contested cases delegated to the Office of
				Administrative Hearings for the contested case hearing, except that the
				requirements of Regulations .11B and .12 of this chapter shall apply where
				final decision-making authority has not been delegated to the Office of
				Administrative Hearings.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.03 - 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) "Contested case" means a proceeding so
				defined under the Maryland Administrative Procedure Act.
(2) "Decision maker" means the person or
				persons with authority to decide a contested case.
(3) "Department" means the Maryland
				Department of Transportation or any of its units.
(4) "Party" means one whose legal rights,
				duties, statutory entitlements, or privileges will be affected by the outcome
				of a contested case.
(5) "Presiding
				officer" means the individual or individuals authorized to conduct a contested
				case hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.04 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a contested
				case, all parties shall be afforded an opportunity for hearing after reasonable
				notice.
B. The hearing notice shall
				contain:
(1) The date, time, place, and
				nature of the hearing;
(2) A
				statement of the right to present witnesses and documents, or other evidence,
				and the right to cross-examine any witness that another party or the agency
				calls under State Government Article, §
										10-213(f),
				Annotated Code of Maryland, if applicable;
(3) If applicable, a statement of the right
				to request subpoenas for witnesses and evidence, and specifying the costs, if
				any, associated with the request;
(4) A statement that a copy of the hearing
				procedures is available on request, and specifying the costs, if any,
				associated with the request;
(5) A
				statement of any right or restrictions pertaining to representation;
(6) A statement that failure to appear for
				the scheduled hearing may result in an adverse action against that party;
				and
(7) A statement that, unless
				otherwise prohibited by law, the parties may agree to the evidence and may
				waive their right to appear at the hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.05 - Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. If approved
				in writing by the Chief Administrative Law Judge, the decision maker may
				designate a presiding officer who shall conduct the hearing and make written
				findings of fact and proposed conclusions of law.
B. The decision maker may also be the
				presiding officer.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.06 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may
				appear in proper person or be represented by counsel.
B. A corporation may be represented by an
				officer, agent, or attorney.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.07 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evidence that
				possesses probative value commonly accepted by reasonable and prudent
				individuals in the conduct of the individuals' affairs may be admitted at a
				hearing.
B. Incompetent,
				irrelevant, immaterial, and unduly repetitious evidence may be
				excluded.
C. The presiding officer
				is not bound by technical rules of evidence.
D. Written statements may be submitted by
				parties before and at the hearing and for such period of time that the
				presiding officer may designate the record to remain open after the
				hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.08 - Witnesses

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may call
				witnesses and cross-examine opposing witnesses.
B. Witnesses and parties acting as witnesses
				shall be sworn or put upon affirmation to tell the truth.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.09 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing
				shall be open to the public, unless otherwise provided by law.
B. Upon written notice 7 days in advance of a
				hearing and upon payment of costs, a party may request that a hearing be
				transcribed.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.10 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Individuals, other than advisory staff or agency counsel who do not participate
				in the contested case hearing, may not communicate ex parte with the presiding
				officer or decision maker.
B. Ex
				parte communications received in violation of §A of this regulation shall
				be placed in the record and disclosed to all parties who shall then have 10
				days after notice of the communication within which to rebut them.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.11 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision
				maker may adopt, modify, or rewrite a presiding officer's findings of fact and
				proposed conclusions of law.
B. If
				a decision maker, or a majority of them, has not heard the evidence, a proposed
				decision, including findings of fact and conclusions of law, shall be mailed to
				all parties. Parties adversely affected by the decision shall be afforded the
				opportunity, within 15 days after receipt of it, to file exceptions and present
				argument to the decision maker or the majority of them.
C. The final decision shall identify any
				changes, modifications, or amendments to the proposed decision and the reasons
				for the changes, modifications, or amendments.
D. Copies of the final decision and findings
				of fact and conclusions of law shall be delivered or mailed promptly to all
				parties or their attorneys.
E.
				Instead of a decision, a contested case may be disposed of by stipulation,
				settlement, consent order, default, withdrawal, summary disposition, or
				dismissal.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.12 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon issuance of
				a final decision, an aggrieved party may proceed to exhaust any remaining
				administrative remedies or seek judicial review in accordance with applicable
				law.
B. The record, for purposes of
				appeal, in a contested case shall include:
(1)
				Motions and pleadings;
(2)
				Documentary evidence;
(3)
				Statements of each fact of which the presiding officer or decision maker has
				taken official notice;
(4)
				Transcripts;
(5) Staff memoranda,
				unless privileged;
(6) Findings of
				fact or conclusions of law proposed by a party or presiding officer;
(7) Exceptions to findings or conclusions
				proposed by a presiding officer;
(8) Intermediate proposals and final
				decisions; and
(9) Any other
				writing germane to the case and not otherwise privileged.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.13 - Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
For good cause the presiding officer or decision maker may
				  extend or waive time periods provided in these regulations.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.14 - Procedure for Hearings in Contested Cases › Section 11.01.14.14 - Interpretation

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are meant to complement the Maryland
				  Administrative Procedure Act. In the event of conflict the Act takes precedence
				  over them.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures within the Department of
				  Transportation for persons in interest to request the correction or amendment
				  of personal records under State Government Article, §10-625, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Custodian"
				means an authorized person employed by the Department having personal custody
				and control of public records of the Department.
B. "Official custodian" means and includes
				whomever the Secretary of Transportation shall appoint in the Departmental
				Headquarters elements, the Administrations, and the various Departmental Boards
				and Commissions (including the Transportation Authority), who are responsible
				for the maintenance, care, and keeping of public records, regardless of whether
				these records are in the official custodian's personal custody and
				control.
C. "Person in interest"
				means and includes the person who is the subject of a record or any
				representative designated by that person, except that if the subject of the
				record is under legal disability, the term "person in interest" shall mean and
				include the parent or duly appointed legal representative.
D. "Personal records" means and includes any
				public record that contains information pertaining to a natural person whose
				identity can be ascertained from the public record with reasonable certainty
				either by name, address, number, description, finger or voice print, picture,
				or any other identifying factor or factors.
E. "Third party" means any natural person,
				corporation, partnership, firm, association or governmental agency who is not a
				"person in interest."
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest who has the right to inspect records
				  pursuant to State Government Article, §§
									10-612 -10-619,
				  Annotated Code of Maryland, may request the Department to correct or amend any
				  personal records pursuant to State Government Article, §10-625, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or
				  amendment in writing. Each request shall:
A. Identify the personal records the person
				is seeking to correct or amend;
B.
				State the precise correction or amendment requested;
C. State the reason the correction or
				amendment is sought; and
D. Include
				the statement that the personal records are to the person's belief currently
				inaccurate or incomplete.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.05 - Form of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of the records shall be
				  filed with the Department by addressing it to the custodian of the record. If
				  the custodian is unknown to the person in interest, the request may be
				  addressed to the appropriate official custodian as listed below:
A. Deputy Secretary, Maryland Department of
				Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland
				21076-0548;
B. Deputy Executive
				Director, Maryland Port Administration, The World Trade Center, Baltimore,
				Maryland 21202-3041;
C.
				Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore,
				Maryland 21202-1614;
D.
				Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen
				Burnie, Maryland 21062-0001;
E.
				Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore
				Washington International Thurgood Marshall Airport, Maryland
				21240-0766;
F. Administrator, State
				Highway Administration, 707 North Calvert Street, Baltimore, Maryland
				21203-0717;
G. Executive Director,
				Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore,
				Maryland 21224-6639.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.06 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment will be considered
				  filed with the Department when received only to the extent that it reasonably
				  complies with Regulation .04. If a request does not reasonably comply with
				  Regulation .04, it shall be returned to the person with an explanation of the
				  reason for the return and a statement that, upon proper completion, it may be
				  refiled with the Department.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the completed request for correction or
				  amendment that complies with Regulations .04 and .05 of this chapter is
				  received, the custodian of the record shall:
A. Make the requested correction or amendment
				and inform the person in writing of the action; or
B. Inform the person in writing of the:
(1) Department's refusal to make the
				requested correction or amendment; and
(2) Reason for the refusal; or
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.08 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department's final determination under Regulation .07
				  is to refuse the requested correction or amendment, as authorized by Regulation
				  .07B, the person in interest may file with the Department a concise statement,
				  not to exceed five 8-1/2 x 11 inch pages, of the reasons for:
A. The requested correction or amendment;
				and
B. Disagreement with the
				Department's refusal to make the correction or amendment.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.09 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department discloses to a third party information
				  from personal records about which a statement in compliance with Regulation .08
				  of this chapter has been filed, the Department shall furnish a copy of the
				  statement to the third party.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.15 - Correction or Amendment of Personal Records › Section 11.01.15.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in
				interest may request an administrative review within the Department, by filing
				a request for review with the Secretary or the Secretary's designee, if the
				person in interest has been denied:
(1) An
				amendment or correction of a record;
(2) The right to file a statement;
				or
(3) The right to have a
				statement to a third party forwarded pursuant to Regulation .09 of this
				chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.01 - Scope of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board may hear and decide appeals in cases when there is a denial by the
				Maryland Aviation Administration in an order, requirement, decision, or
				determination relating to a request for a permit for any activity, land use, or
				structure within a noise zone or other airport zoning district of
				Baltimore/Washington International Airport (BWI) or Martin State
				Airport.
B. The Board may hear,
				decide, and grant specific variances permitting a prohibited activity or land
				use, or deny requests for a prohibited activity or land use within a noise zone
				or other airport zoning district of Baltimore/Washington International Airport
				(BWI) or Martin State Airport.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.02 - 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) "Administration" means the Maryland
				Aviation Administration.
(2)
				"Board" means the Maryland Board of Airport Zoning Appeals.
(3) "Contested case" means a proceeding so
				defined under State Government Article, §
										10-202(d),
				Annotated Code of Maryland.
(4)
				"Party" means:
(a) The applicant, appellant,
				or the Administration;
(b) An
				aggrieved person or any officer or agency of the political subdivision affected
				by the decision of the Administration and who has been granted the right to
				intervene by the Chairman of the Board.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.03 - Vice Chairman

Current through Register Vol. 51, No. 14, July 12, 2024
The Chairman shall appoint a Vice Chairman to fulfill the
				  duties of the Chairman when the Chairman is unable to perform his duties due to
				  absence or disability.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.04 - Meetings, Quorums, Votes

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Meetings. The Board shall meet at the call of the Chairman or, during the
				Chairman's absence, the Vice Chairman. Unless otherwise designated, meetings
				shall be held at the Headquarters Building, Maryland Department of
				Transportation.
B. Quorums.
(1) If an application for a variance or an
				appeal to the Board concerns property located in Anne Arundel County or Howard
				County, four members of the Board are a quorum including:
(a) One at-large member;
(b) Two members from Anne Arundel County;
				and
(c) One member from Howard
				County.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.05 - Initiation of Appeals, Time Limits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeals to the Board may be taken by any
				party when there is a denial of the request for a permit by the Maryland
				Aviation Administration. An appeal shall be filed within 30 days of a decision
				by the Administration.
B. Requests
				to the Board for a specific variance from noise zone or airport zoning district
				regulations shall be filed within 30 days of the decision by the
				Administration.
C. The Chairman may
				extend the time limits set forth in §§A and B, of this regulation.
				The extension shall be at the discretion of the Chairman and only for good
				cause. A party requesting an extension shall file with the Board a written
				request setting forth the reason for the requested extension. This request
				shall be filed with the Board within the time period set forth in §A or B,
				of this regulation.
D. Form of
				Appeal. Appeals shall be filed in writing with the Board and shall contain the
				following information:
(1) A caption setting
				forth the:
(a) Parties,
(b) Name of the Board,
(c) Docket number;
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.06 - Docket, Time of Hearing, Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of the Board shall maintain
				a docket in which all appeals and requests for variance shall be recorded. The
				docket shall be available for public inspection during normal business hours at
				the Headquarters Building, Maryland Department of Transportation.
B. Appeals and requests for variance shall be
				recorded on the docket upon receipt and filed for hearing in the order they are
				received by the Board. The Board may, however, for administrative ease and in
				its discretion, schedule hearings in any order other than the order in which
				they are received, provided that this does not result in a delay of more than 2
				months from the date a hearing would have been conducted had it been scheduled
				based upon the date of receipt of the appeal or request for variance.
C. Upon request by any party, the Board may
				hold expedited proceedings if it determines that there are sufficient grounds
				for so doing. In this event, the provisions of §§B and E may be
				waived.
D. The Chairman or his
				designated representative may request further documentation from any party
				prior to the hearing.
E. Notice of
				hearings on appeals or requests for variance shall be:
(1) Sent by certified mail to all parties not
				more than 30 days, or less than 10 days, before the date of the hearing;
				and
(2) Advertised in the Maryland
				Register or a newspaper of general circulation in the county in which the
				applicant's property is located at least 10 days before the hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.07 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may
				appear in proper person or be represented by counsel.
B. A political subdivision may be represented
				by any officer or agency.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.08 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. At
				least 2 weeks before the hearing, each party shall file with the Board a list
				of witnesses and documentary evidence to be introduced at the hearing, and a
				copy shall be served on each other party to the hearing.
B. Prehearing Conferences. The Chairman of
				the Board may hold prehearing conferences as he considers
				appropriate.
C. The Board may
				administer oaths and issue subpoenas and orders for the attendance of witnesses
				and the production of documents.
D.
				A preliminary motion filed by a party shall be accompanied by a memorandum of
				points and authorities and shall be filed with the Board at least 10 working
				days before the hearing, and a copy shall be served on each other party to the
				hearing. Any response shall be filed with the Board at least 5 working days
				before the hearing, and a copy shall be served on each other party to the
				hearing. The Board may, in its discretion, grant a hearing on the
				motions.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.09 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties
				of Chairman. The Chairman or his designee shall be the presiding officer. The
				presiding officer:
(1) Shall have complete
				charge of the hearing, permit the examination of witnesses, admit evidence,
				rule on the admissibility of evidence, and adjourn or recess the
				hearing;
(2) May set time limits on
				arguments;
(3) Shall be responsible
				for decorum in the hearing and may suspend the proceeding as necessary to
				maintain decorum;
(4) May request a
				representative of the Attorney General's Office to act as legal advisor to the
				Board regarding questions of evidence and law.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.10 - Records and Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board shall prepare an official record which shall include all pleadings,
				testimony, exhibits, and other memoranda or material filed in the
				proceedings.
B. A stenographic
				record or an electronic recording shall be made of each hearing, but need not
				be transcribed unless a request for a transcribed copy is made. The party
				requesting the transcribed copy shall pay all costs of transcription.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.11 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
Each decision and order rendered by the Board shall be in
				  writing and shall be accompanied by findings of fact and conclusions of law. A
				  copy of the decision and order and accompanying findings and conclusions shall
				  be delivered or mailed to each party within 120 days of the
				  hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.16 - Rules of Procedure of the Board of Airport Zoning Appeals › Section 11.01.16.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
Upon issuance of a final decision, an aggrieved party may
				  seek judicial review.