Code of Maryland Regulations › Title 19A - STATE ETHICS COMMISSION › Subtitle 01 - PROCEDURES › Chapter 19A.01.01 - General Provisions › Section 19A.01.01.04 - Information Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as set forth in §§C-E, of this regulation, records of the Commission shall be
				maintained and made available for public inspection and copying in accordance
				with the provisions of the Maryland Public Information Law, State Government
				Article, §§
									10-611 -10-623,
				Annotated Code of Maryland.
B. The
				records of the Commission shall be maintained at the Commission's offices. The
				Commission's normal business hours are Monday through Friday (except State
				holidays), 8:00 a.m. to 4:30 p.m., and hours for public inspection and copying
				of records are 9:00 a.m. to 3:00 p.m. on normal business days.
C. Commission records pertaining to advisory
				opinion requests and informal advice considered in accordance with COMAR
				19A.01.02 may not be disclosed, to the extent that they include facts,
				discussion, or other material that would reveal the identity of the person who
				is the subject of the opinion, and the subject of the opinion has not waived
				the right to protection of the subject's identity. Advisory opinion request and
				informal advice records shall be treated as set forth in General Provisions
				Article, Subtitle 3, Annotated Code of Maryland.
D. All Commission records pertaining to a
				complaint considered in accordance with COMAR 19A.01.03 shall be treated
				confidentially and not disclosed to any person except as set forth in General
				Provisions Article, §
									5-407, Annotated
				Code of Maryland, and COMAR 19A.01.03.02B. nvestigatory records pertaining to
				preliminary inquiries initiated by the Commission pursuant to COMAR
				19A.01.03.03 are privileged and shall also be treated confidentially.
E. Except as set forth in §§F and
				G of this regulation, financial disclosure statements filed by officials and
				candidates for office as State officials pursuant to General Provisions
				Article, Title 5, Subtitle 6, Annotated Code of Maryland, may be examined by
				the public only in person at the Commission's offices as set forth in §B of
				this regulation. Any person examining these statements shall record his name,
				home address, and the name of the person whose disclosure is examined or
				copied. This record of examination shall be forwarded upon request to the
				person whose disclosure statement was so examined and copied.
F. The Commission will not provide public
				access to a portion of a statement that is filed after January 1, 2019 that
				includes an individual's principal home address, designated second home
				address, or both, that is identified by the individual as the individual's home
				address.
G. The Commission will not
				provide public access to information related to consideration received that is
				reported under General Provisions Article, §
									5-607(j),
				Annotated Code of Maryland.
H.
				Subject to §F of this regulation, for statements filed on or after January J
				2019, the Commission will make freely available to the public on the Internet,
				through an online registration program, a financial disclosure statement filed
				pursuant to General Provisions Article §
									5-601(a)
				and a preliminary disclosure that is filed pursuant to General Provisions
				Article §
									5-602(c)
				that is filed by a State official, a candidate for office as a State official,
				or a Secretary of a principal department of the Executive Branch.
I Except to confirm or deny the existence of
				a document or to disclose the name and limited identifying information,
				Commission staff will not disclose over the telephone any information contained
				in financial disclosure statements filed pursuant to General Provisions
				Article, Title 5, Subtitle 6, Annotated Code of Maryland.
J. Copying Fees.
(1) Photocopies of nonpublished Commission
				records made available in accordance with this regulation shall be provided by
				Commission staff for a copying fee of 20 cents per page for the first 200
				pages, and 20 cents per page and $3.50 per hour for any pages over
				200.
(2) For records other than
				photocopies, such as magnetic tapes and disks, the charge for supplying the
				record will be determined on a case-by-case basis at actual cost.
(3) Before copying a record, the custodian
				shall estimate the cost of reproduction and either obtain the agreement of the
				applicant to pay the cost or demand prepayment of any estimated fee before
				reproducing the record.