reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.03 - Notice of Agency Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Administration shall provide notice of agency action and a statement of the
				right to a hearing required by law when it takes an agency action. The notice
				shall contain the information required by State Government Article,
				§§
									10-207 and
				10-208, Annotated
				Code of Maryland.
B. The
				Administration may delegate hearing authority under State Government Article,
				§
									10-205, Annotated
				Code of Maryland, and any delegated hearings shall be conducted in accordance
				with this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.04 - Request for a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may file
				a request for a hearing within 30 days of the date of the notice of agency
				action.
B. If a party does not
				submit a request for a hearing within the 30-day period, the agency action
				becomes final and is not subject to appeal.
C. The Administration may delegate a
				contested case regarding Administration determination to the Office of
				Administrative Hearings, as permitted and consistent with State Government
				Article, §
									10-205, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.05 - Postponement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing
				officer shall consider a request for postponement only if the requesting party
				can establish good cause for the postponement.
B. Except as provided in §D of this
				regulation, a request for postponement shall be made in writing and be received
				by the Administration no fewer than 5 business days before the scheduled
				hearing.
C. The hearing officer may
				require documentation of the reasons for the postponement request from the
				party.
D. Emergency Request for
				Postponement.
(1) For purposes of this
				paragraph, "emergency" means a sudden, unforeseen occurrence requiring
				immediate attention which arises within 5 business days of the
				hearing.
(2) In an emergency, a
				request for postponement may be made by telephone.
(3) The hearing officer may require
				documentation of the reasons for the emergency postponement request from a
				party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.06 - Prehearing Conference and Case Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before a
				hearing, the hearing officer may:
(1) Hold a
				prehearing conference; and
(2)
				Review or request materials relevant to the proceedings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.07 - Scheduling a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. After receipt of
				a timely request for a hearing, the Administration shall schedule a hearing as
				soon as practicable.
B. The hearing
				officer shall notify the party:
(1) Of the
				date, time, and location of hearing;
(2) Of the statutory and regulatory authority
				of the Administration's action or proposed action;
(3) That the party may present witnesses and
				documents at the hearing;
(4) That
				the failure to appear for the scheduled hearing shall be treated as a
				withdrawal of the request for the hearing; and
(5) If the hearing is by telephone, video, or
				other electronic means, of instructions on how to appear for the
				hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.08 - Filing

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law:
A. An initial pleading is deemed to be filed
				on the earlier of the date that a request for hearing, along with all required
				fees, necessary documents, and other information, is postmarked or received by
				the Administration, if required to be filed with the Administration;
B. Other pleadings are deemed to be filed on
				the earliest of the date on which they are addressed to the Administration and
				postmarked; and
C. Non-postmarked
				documents delivered or electronically transmitted to the Administration after 5
				p.m. are deemed to be filed on the Administration's next business
				day.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.09 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedures.
(1) The Administration shall record all
				hearings and provide a copy of that recording upon request.
(2) A party may produce witnesses and
				documents in support of the party's position.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.10 - Final Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing
				officer shall issue, in writing, either a final determination or a proposed
				determination on behalf of the Administration, depending on the nature of the
				delegation issued by the Administration.
B. If the Administration does not preside
				over hearing, it may make changes, modifications, or amendments to the proposed
				decision in accordance with State Government Article, §
									10-216, Annotated
				Code of Maryland.
C. The notice of
				final determination shall summarize:
(1)
				Findings of fact and conclusions of law;
(2) Any adjustments to the determination of
				fines or penalties and the reasons for the Administration's action;
(3) The deadline for payment of a fine or
				penalty; and
(4) In the case that
				the Administration orders a suspension or revocation of a license as a result
				of the reason for the Administration's action.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.11 - Record

Current through Register Vol. 51, No. 14, July 12, 2024
The hearing officer shall create and maintain a record that
				  includes the information set forth in State Government Article, §
									10-218, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may
				appeal the final determination of the Administration to a Maryland circuit
				court if done so within 30 days of receipt of the final
				determination.
B. For purposes of
				an appeal, the venue in the Circuit Court of Anne Arundel County shall be
				proper as that is where the Administration resides and carries on its regular
				business in Anne Arundel County.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.22 - Hearing Procedures › Section 14.17.22.10 - Final Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing
				officer shall issue, in writing, either a final determination or a proposed
				determination on behalf of the Administration, depending on the nature of the
				delegation issued by the Administration.
B. If the Administration does not preside
				over hearing, it may make changes, modifications, or amendments to the proposed
				decision in accordance with State Government Article, §
									10-216, Annotated
				Code of Maryland.
C. The notice of
				final determination shall summarize:
(1)
				Findings of fact and conclusions of law;
(2) Any adjustments to the determination of
				fines or penalties and the reasons for the Administration's action;
(3) The deadline for payment of a fine or
				penalty; and
(4) In the case that
				the Administration orders a suspension or revocation of a license as a result
				of a hearing, the reason for the Administration's action.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.01 - Application for Certificates of Reservation

Current through Register Vol. 51, No. 14, July 12, 2024
All applications for certificates of reservation shall be on
				  forms required by the Commissioner of Land Patents and shall, in the case of a
				  unit of State government, be filed with a copy of the Board of Public Works
				  agenda item approving the request to apply or, in the case of any other
				  governmental body, be filed with a copy of a document from the appropriate
				  authority approving the request to apply. An application may not be considered
				  filed until it has been determined complete and in order by the Commissioner or
				  the Commissioner's authorized agent.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.02 - Applications for Warrants to Survey or Resurvey

Current through Register Vol. 51, No. 14, July 12, 2024
A. All applications for warrants to survey or
				resurvey shall be on forms required by the Commissioner of Land Patents and
				shall be filed in triplicate with certified copies of documents, where
				required, attached to each copy. The application shall be accompanied by cash,
				check, or money order in the amount of $100. An application may not be
				considered filed until it has been determined complete and in order by the
				Commissioner or his duly authorized agent.
B. In complying with Real Property Article,
				§
									13-302(a)(2),
				Annotated Code of Maryland, that is, in supplying the names and addresses of
				all persons other than the applicant who would obtain a direct or indirect
				title interest in the land, the applicant may list a spouse but need not list
				all possible heirs to the title. It is to be understood that the purpose of
				Real Property Article, §
									13-302(a)(2)
				is to make certain that the applicant is applying solely on his own behalf and
				not on the behalf of any hidden partners, commercial enterprise, corporate or
				otherwise, or as an agent on behalf of any undisclosed principals.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.03 - Warrants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Warrants to
				survey or resurvey shall only be issued to a professional land surveyor or
				property line surveyor licensed under the Maryland Professional Land Surveyors
				Act.
B. Warrants to survey or
				resurvey shall be on forms prescribed by the Commissioner of Land Patents and
				shall be sent to the surveyor by the Commissioner with a copy of the
				application attached. The notice of issuance of warrant required by Real
				Property Article, §
									13-308 shall be
				prepared by the Commissioner and sent to the applicant who shall then see to
				its newspaper publication and posting and provide the Commissioner with the
				certificate of publication and the sheriff's certificate of posting. All costs
				of the publication and posting shall be borne by the applicant, and the
				Commissioner of Land Patents bears no responsibility for it.
C. In his acknowledgment of receipt of the
				warrant, the surveyor shall understand "last publication of notice" in Real
				Property Article, §
									13-307(b)(2)
				to mean the last publication in a newspaper as specified in Real Property
				Article, §
									13-308(c)(1)(i).
				That is to say, the surveyor shall set a date for making the survey which shall
				be no earlier than 10 days and no later than 6 months after the appearance of
				the third weekly newspaper notice required by Real Property Article, §
									13-308(c)(1)(i).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.04 - Surveys

Current through Register Vol. 51, No. 14, July 12, 2024
Upon issuance of a warranty to survey or resurvey, the
				  applicant shall immediately contact the surveyor and shall cooperate with the
				  surveyor in all respects as he may require. Compensation of the surveyor shall
				  be the exclusive responsibility of the applicant, and the Commissioner of Land
				  Patents assumes no responsibility for it.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.05 - Previously Performed Surveys

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Commissioner may accept a previously performed survey upon finding that the
				surveyor is a qualified professional land surveyor or property line surveyor
				licensed under the Maryland Professional Land Surveyors Act, that the survey
				was conducted in accordance with standards required by the Commissioner, and
				that adjoining landowners were given written notice of the survey.
B. Unless as otherwise provided, the
				provisions of Real Property Article, Title 13, Annotated Code of Maryland, and
				this chapter applicable to a survey performed pursuant to a warrant issued by
				the Commissioner are applicable to a previously performed survey.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.06 - Certificates of Survey

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Certificates of survey shall be on forms prescribed by the Commissioner of Land
				Patents and shall be filed in duplicate.
B. The plat required by Real Property
				Article, §
									13-310(b)(1),
				shall be filed in duplicate. Both plats shall be submitted on linen sheets or
				an acceptable equivalent. The signature and seal of the surveyor shall be
				affixed to to the plats as well as to the certificates of survey.
C. Upon receipt of the certificates, plats,
				and the surveyor's description of the land to be patented, the Commissioner
				shall immediately forward copies to the Department of Transportation and the
				Department of Natural Resources so those agencies can better determine whether
				the land will be needed for future public use.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.07 - Certificate of Valuation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				providing the statement of the reasons for the valuation as required by Real
				Property Article, §
									13-313(b)(3),
				the assessors shall be as specific as possible. Mere statements as "based on
				sales in the area" are inadequate. Examples of recent sales valuations of
				similar property should be included in the reasons for the valuation.
B. In the case of an application by a
				governmental body for a certificate of reservation, the Supervisor of
				Assessments is not required to assess the value of the land.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.08 - Objections

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons entitled
				to object under Real Property Article, §
									13-401 shall do so in
				the manner prescribed under Real Property Article, §
									13-402, within 6 months
				after the issuance of the warrant to survey or 60 days after the surveyor's
				return of the certificate of survey, whichever is later.
B. Acceptance of a previously performed
				survey does not preclude an objector from raising any objection that might
				otherwise have been raised had the survey been performed pursuant to a warrant
				issued by the Commissioner.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.09 - Determination of Forum

Current through Register Vol. 51, No. 14, July 12, 2024
Requests of parties to the proceeding for referral to the
				  circuit court may be made in the manner and within the time required by Real
				  Property Article, §
									13-405, Annotated Code
				  of Maryland, and the Commissioner's determination of an appropriate forum shall
				  be final.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.11 - Purchase Price

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purchase
				price shall be the fair market value of the land, as determined by the
				Commissioner under Real Property Article, §
									13-313, as amended by
				Acts of 1977, Chapter 162, less all expenses of the surveyor, reasonable
				attorney's fees, and costs charged by the Commissioner. Within 15 days after
				the hearing, the applicant must submit an account of the expenses deductible by
				law. Publication costs are not deductible items under current
				legislation.
B. A governmental body
				requesting a certificate of reservation is not required to pay the purchase
				price of the land.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.12 - Certificates of Reservation

Current through Register Vol. 51, No. 14, July 12, 2024
In the case of an application for a certificate of
				  reservation, the Commissioner's opinion and findings shall constitute the
				  certificate of reservation and the description of the land provided by the
				  surveyor shall be made an attachment thereto.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.13 - Patents

Current through Register Vol. 51, No. 14, July 12, 2024
After the Commissioner has prepared, sealed, and signed the
				  patent, he shall forward it to the assistant attorney general assigned. The
				  assistant attorney general shall then examine the patent as to form and legal
				  sufficiency, and, if the contents be deemed in order, he shall endorse the
				  patent in the space beneath the Commissioner's signature with the statement,
				  "Approved as to form and legal sufficiency this ____ day of __________, 19____
				  ", and affix his signature. The patent shall then be forwarded by the
				  Commissioner to the Board of Public Works as required under Real Property
				  Article, §
									13-502, as amended by
				  Acts of 1977, Chapter 162. If the patent is approved, the patent shall be
				  endorsed, "Approved by the Board of Public Works this ____ day of __________,
				  19____", and signed by the Secretary of the Board of Public
				  Works.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.14 - Mail

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to using restricted delivery for mailing the
				  warrant (Real Property Article, §
									13-306), the notice of
				  issuance of warrant (Real Property Article, §
									13-308(a)),
				  the notice of the return of the certificate of survey (Real Property Article,
				  §
									13-311(b)(2)),
				  the order for hearing or order for referral of hearing (Real Property Article,
				  §
									13-405(c)(2)),
				  and the notice of purchase price (Real Property Article, §
									13-409) as required by
				  the Annotated Code of Maryland, the Commissioner shall use restricted delivery
				  for requesting the valuation of the supervisor of assessments, for issuing
				  copies of the final judgment, and for issuing the patent to the
				  applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.15 - Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
If the Commissioner finds that an applicant for a land patent
				  acted in bad faith and without substantial justification, the Commissioner may
				  require the applicant to pay the reasonable expenses of the objectors,
				  including the objector's attorneys' fees and expert witness fees, and the
				  reasonable expenses of the Commissioner, including administration, research,
				  and hearing expenses.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.16 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. These procedural
				regulations are not intended to change any part of the Real Property Article,
				Title 13, Annotated Code of Maryland. The intention is to clarify certain
				provisions thereof and to provide an orderly procedure for the granting of
				certificates of reservation or the issuance of land patents.
B. Except as otherwise provided, the
				provisions of Real Property Article, Title 13, Annotated Code of Maryland, and
				this chapter applicable to the issuing of land patents are applicable to the
				granting of certificates of reservation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to:
A. Protect records considered essential to
				the continuing operation of government;
B. Guarantee the integrity and preservation
				of permanent records;
C. Ensure the
				legal admissibility of the permanent record;
D. Secure the rights and privileges of
				citizens;
E. Assure public access
				to the records of government;
F.
				Promote agency legal and fiscal accountability; and
G. Provide a means to document agency
				administrative history.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.04 - Agency Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
Agencies shall:
A.
				Develop schedules;
B. Review and
				update their schedules at least once every 2 years;
C. Establish and maintain a records
				management program;
D. Provide
				copies of publications to Archives as soon after release to the public as is
				practicable;
E. Initiate
				appropriate action to recover records removed unlawfully or without
				authorization; and
F. Transfer to
				Archives permanent record material not needed for the current operation of the
				agency in accordance with procedures outlined in this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.05 - Duties of Custodians, Public Officials, and Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the responsibility of all
				custodians, public officials, and employees to:
(1) Retain and protect all records in their
				custody;
(2) Cooperate with
				Division and Archives in the establishment and maintenance of an active and
				continuous program for the economical and efficient management of
				records;
(3) Ensure that agency
				records, including electronic records, are covered by a schedule, which shall
				outline procedures to ensure the retention and usability throughout the
				authorized lifecycle of the records.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.06 - Duties of Division and Archives

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall assist agency personnel
				in the development of schedules by providing guidance, templates, forms, and
				advice.
B. Upon request from an
				agency or the Division, the Archives will provide assistance in determining
				what records may be considered permanent.
C. The Division and Archives shall provide
				additional instruction and guidance on the scheduling process and records
				transfers on a website to be maintained by Archives:
				http://www.msa.md.gov/msa/intromsa/html/record_mgmt/homepage.html
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.07 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records
				Inventory.
(1) Agencies shall submit to
				Division for review a records inventory for each record series.
(2) For each record series in inventory, the
				following information is required:
(a) Name of
				the agency that created record;
(b)
				Record series title;
(c) Dates of
				the oldest and most recent records;
(d) Description of the types of information,
				data, or documents which includes:
(i)
				Physical form or forms, such as letter-size paper, legal-size paper, bound
				book, audio tape, electronic data, video tape, film, or other medium;
(ii) Total quantity of materials, stated in
				terms of number of units, such as cubic feet, reels of film, tapes, gigabytes
				of data;
(iii) Estimated annual
				growth;
(iv) Current location or
				locations;
(v) Index system used
				for access, if any;
(vi) Access
				restrictions, if any, based on laws or regulations (with citations);
				and
(vii) Audit requirements, if
				any.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.08 - Form and Format

Current through Register Vol. 51, No. 14, July 12, 2024
Records designated by schedule as being permanent are to be
				  considered permanent regardless of the form and format of the records, and
				  whether or not a duplicate exists in some other form or format. All permanent
				  records shall be scheduled for transfer to Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.09 - Custodian Designated

Current through Register Vol. 51, No. 14, July 12, 2024
Public officials charged with the statutory or delegated
				  responsibility for administering an agency, and for creating, storing, and
				  maintaining records shall be the custodian of such records. Upon transfer of
				  any and all records to Archives, the State Archivist shall become the
				  custodian.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.10 - Appointment of Records Officers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Each agency shall designate at least one records officer to serve as liaison
				with Division and with Archives for the purpose of implementing and overseeing
				a records management program, and coordinating legal disposition, including
				destruction of obsolete records.
B.
				Appointment of agency records officers shall be made by the head of each
				agency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.11 - Storage and Protection of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. All records shall be kept in facilities
				maintained by the agency responsible for the creation and maintenance of such
				records, unless the consent of Division is obtained for their transfer or
				storage elsewhere.
B. The public
				official responsible for maintaining an office or offices where records are
				created or kept shall establish such safeguards against damage, removal, or
				loss of records as may be required by Archives or Division. Such safeguards
				shall include notifying all employees of the requirements of this
				chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.12 - Delivery of Records to Successors

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian of records shall, at the expiration of the
				  custodian's term of office, appointment, or employment, deliver custody and
				  control of all records kept or received in the transaction of official business
				  to the custodian's successor, supervisor, or records officer, or to
				  Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.13 - Transfer of Records upon Termination of Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
A. All records which are in or shall come
				into the possession of any agency shall, upon termination of such agency, be
				transferred to the custody of Archives, provided that such transfer is
				consistent with the provision of any such termination.
B. All records which are in or shall come
				into the possession of any political subdivision of this State shall, upon
				termination of such political subdivision, be transferred to the custody of
				Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.14 - Recovery of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public
				officials shall notify the Archives of any actual, impending, or threatened
				unlawful removal, defacing, alteration, or destruction of records that shall
				come to the agency's attention.
B.
				The State Archivist may request the Attorney General to seek appropriate
				relief.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.02 - Records Retention and Disposition Schedules › Section 14.18.02.15 - Certificate of Records Destruction

Current through Register Vol. 51, No. 14, July 12, 2024
When nonpermanent records are destroyed in accordance with
				  the terms of an approved schedule, the agency or Records Center shall submit a
				  certificate of records destruction to Archives. For each record series, the
				  certificate shall contain:
A. Name of
				the agency that created the record;
B. Record series title;
C. Inclusive dates;
D. Schedule number or numbers, assigned by
				Division, authorizing destruction of record series as well as item number from
				Schedule;
E. Quantity of
				material;
F. Date of
				destruction;
G. Method of
				destruction; and
H. Signature of
				agency director, or the director of the Records Management Division of the
				Department of General Services, or the State Archivist.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.01 - Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
To establish a local archives as the repository for the
				  permanently valuable records of the executive and legislative branches of a
				  county or municipal government, the county or municipal government shall submit
				  a request in writing to the State Archivist. The request shall consist of a
				  proposal that meets the standards and requirements set by this chapter and
				  shall be approved in writing by the State Archivist before
				  implementation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.02 - Collection Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local
				archives may collect the records of a:
(1)
				County executive's office and its departments;
(2) County council and its
				departments;
(3) Board of county
				commissioners;
(4) County
				administrative offices; and
(5)
				Municipal government offices.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.03 - Records Retention and Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
A local archives shall follow the requirements of COMAR 14.
				  18.02 governing records retention and disposition schedules, except in
				  reference to the provisions regarding the Records Management Division of the
				  Department of General Services.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.04 - Archival Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
The minimum qualifications for the archivist or archivists
				  responsible for managing the daily operations of a local archives shall include
				  graduation from an accredited:
A.
				Four-year college or university, preferably with a degree in history, archival
				science, library science, or related field and 3 years of full-time, or its
				equivalent, professional archival experience; or
B. College or university with a Master's
				degree in history, archival science, library science, or related field and 2
				years of full-time, or its equivalent, professional archival
				experience.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.05 - Public Access to Records

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A local archives shall provide the public with access to government records in
				accordance with State Government Article, §§
									10-611 -10-628,
				Annotated Code of Maryland.
B. To
				facilitate access, a local archives shall provide a guide to its record
				holdings or be developing a guide. A copy of all published or unpublished
				finding aids shall be deposited with the State Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.06 - Copying of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever
				permanent records are microformed or recorded on an equivalent medium, a local
				archives shall:
(1) Meet standards of
				permanence and durability acceptable to the State Archives; and
(2) Deposit the master security microforms
				with the State Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.07 - Preservation and Security of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records in the form of loose papers shall
				be stored in acid-neutral folders and acid-neutral boxes.
B. Records shall be handled so as to prevent
				physical damage to them.
C.
				Temperature in the records storage area shall be maintained at 65°F, plus
				or minus 5°F, at all times.
D.
				Relative humidity in the record storage area shall be maintained at 55 percent,
				plus or minus 5 percent, at all times.
E. The records storage area shall have the
				following fire detection and fire extinguishing devices:
(1) Smoke detector;
(2) Heat detector;
(3) Manual fire extinguishers; and
(4) Sprinklers or halon system as approved by
				the State Fire Marshal for use in an archival facility.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.03 - Local Archives › Section 14.18.03.08 - Transfer of Records to the State Archives

Current through Register Vol. 51, No. 14, July 12, 2024
A local archives may transfer permanent records to the State
				  Archives. If a local archives ceases operation, the permanent records shall be
				  offered to the State Archives.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.05 - Archival Standards for Records on Microfilm › Section 14.18.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish uniform methods for the
				  microfilming of records. The standards in these regulations ensure the
				  economical production and use of microfilm in record keeping to meet legal and
				  archival requirements and preserve the integrity of the original
				  records.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.05 - Archival Standards for Records on Microfilm › Section 14.18.05.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				regulations apply to the microfilming of record material by any agency of
				State, county, or local governments.
B. With the written approval of the State
				Archivist, the head of an agency or office may destroy original material that
				has been photographed, photocopied, or microphotographed if:
(1) The head of the agency or office offers
				the original material to the Archives, but the Archives declines to
				accept;
(2) The copy is made in a
				manner that meets the standard of quality of the Archives for permanent
				photographic records;
(3) The copy
				is placed in an adequately accessible container; and
(4) Provisions are made:
(a) For the preservation, examination, and
				use of the copy in a manner that the Archives approves, and
(b) For a record that a statute otherwise
				expressly requires to be kept permanently, for the copy to be available, on
				request, in the same manner as the original material.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.05 - Archival Standards for Records on Microfilm › Section 14.18.05.03 - 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) "Agency" means any unit of State, county,
				or local government.
(2) "Archives"
				means the State Archives.
(3)
				"Division" means the Records Management Division of the Department of General
				Services.
(4) "Office" means a part
				of an agency.
(5) "Record" means
				documentary material in any form or format including paper, microform,
				electronic record, or other medium, that is:
(a) Created by an agency or office;
				or
(b) Received by an agency or
				office in connection with the transaction of public business.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.05 - Archival Standards for Records on Microfilm › Section 14.18.05.05 - Agency Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				When paper records are to be microfilmed, and the microfilm is scheduled for
				permanent retention, the paper records may not be destroyed until the
				microfilming of those records and the subsequent processing and inspection of
				the film has been completed in compliance with the standards in Regulation .04G
				and H of this chapter, nor until the State Archivist has approved the
				destruction of those records. Permission to destroy record material shall be
				obtained by filing a Proposal and Certificate of Records Destruction (form
				DGS-550-9) with the Archives. This permission shall be received before any
				records destruction can take place.
B. It is the policy of the Division not to
				store paper records in the State Records Center after those records have been
				microfilmed. The State Records Center will hold the paper records until the
				microfilm has been inspected by agency personnel. Once the quality of the
				microfilm has been assured, the paper records shall be returned to the agency
				of record or disposed of in accordance with State Government Article, §
									10-642, Annotated
				Code of Maryland.
C. The head of
				each agency shall ensure that the standards in this chapter are made a part of
				any contract for microfilming services into which an agency may
				enter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.01 - General › Section 14.21.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations describe policies, procedures, and
				  authorizations for the operations of the Maryland Food Center
				  Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.01 - General › Section 14.21.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Maryland Food Center
				Authority Act, Article 41, §§13-101 -13-121, Annotated Code of
				Maryland.
(2) "Authority" means the
				Maryland Food Center Authority.
(3)
				"Board of Directors" means the members of the Authority as described in Article
				41, §13-103(b), Annotated Code of Maryland.
(4) "Executive Director" means the Executive
				Director of the Maryland Food Center Authority as appointed by the Board of
				Directors.
(5) "Project" means the
				market, the park, and other food or agriculturally related real estate
				developments undertaken by the Authority to further the Authority's purposes,
				including any ancillary or appurtenant facilities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out the procedures for filing requests
				  with the Maryland Food Center Authority for the inspection or copying of
				  records under State Government Article, §
									10-611 --10-630,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Terms appearing
				in the Public Information Act shall have the meanings defined there and, in
				addition, the meaning used in these regulations.
B. Terms Defined.
(1) "Applicant" means a person or agency
				requesting disclosure of public records.
(2) "Custodian" or "official custodian" means
				the Executive Director of the Authority, who is responsible for the
				maintenance, care, and keeping of public records of the Authority.
(3) "Public Information Act" means State
				Government Article, §§
										10-611 -10-630,
				Annotated Code of Maryland.
(4)
				Public Records.
(a) "Public records" means
				any paper, correspondence, form, book, photograph, photostat, film, microfilm,
				computerized record, sound recording, map, drawing, or other written document
				regardless of physical form or characteristics.
(b) "Public records" includes all copies that
				have been made by the Authority or received by the Authority in connection with
				the transaction of public business and includes the salaries of all employees
				of the Authority.
(5)
				"Working day", for purposes of this chapter, means each day between the hours
				of 9 a.m. and 4 p.m. except Saturdays, Sundays, and holidays.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.03 - Requests for Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person may request to inspect or copy any public record that is in the custody
				and control of the Authority and which, under the provisions of the Public
				Information Act, the Authority is required to make available to the
				public.
B. Requests for public
				records shall:
(1) Be made in
				writing;
(2) Be addressed to the
				official custodian;
(3) Contain the
				applicant's name and address; and
(4) Reasonably identify by brief description
				the specific record sought.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.04 - 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, or a copy, for inspection within a reasonable time
				not to exceed 30 days from the date of receipt of the request.
B. If the custodian decides to deny the
				request, the custodian shall do so within 30 days of receipt of the written
				request and, immediately upon deciding to deny the request, shall notify the
				applicant of the denial. Any reasonably severable portion of a record shall be
				provided after deletion of those portions which may be withheld from
				disclosure. Within 10 working days of the denial, the custodian shall give the
				applicant a written statement that gives the reasons and legal authority for
				the denial and contains a notice of the remedies for review of the
				denial.
C. If a requested public
				record is not in the custody or control of the person to whom the written
				application is made, that person shall, within 10 working days of the receipt
				of the request, notify the applicant. If the 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.
D. With the consent of the applicant, any
				time limit imposed by §§A-C of this regulation may be extended for an
				additional period not to exceed 30 days.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 21 - MARYLAND FOOD CENTER AUTHORITY › Chapter 14.21.02 - Public Information Requests › Section 14.21.02.05 - Notification of Persons Who May be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian, unless prohibited by law,
				may notify an individual who could be adversely affected by:
(1) A disclosure of a record to the applicant
				who has made a request for inspection; or
(2) The copying of a record.