Md. Code Regs. 12.11.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.11.02.06 - Inspecting or Copying a Public Record

A. If the custodian grants a request, the custodian shall make the record available:

(1) Immediately; or

(2) Within 30 days from the date of the request based on time required to retrieve the public record.

B. Time of Inspection. A custodian shall make a public record available for inspection or copying during the agency's normal working day.

C. Place of Inspection. A custodian shall require that the public record be inspected or copied at the location where the public record is maintained, unless the custodian determines that another location would better serve the needs of the individual inspecting or copying the public record or of the Department.

D. Availability of Records.

(1) If a requested public record is not immediately available, the custodian shall, within 10 working days of receipt of the request:

(a) Notify the applicant; and

(b) Establish a date and time that the public record will be available for inspection or copying.

(2) If a requested public record cannot be made available, the custodian shall, within 10 working days of the request:

(a) Notify the applicant; and

(b) Provide the reason the public record cannot be produced.

E. Reasonable Fees.

(1) Before preparing for inspection, copying, or photographing of a public record, a custodian shall:

(a) Based on §E(3) of this regulation, estimate the cost of providing the record in the form requested;

(b) Obtain agreement from the applicant to pay the fee based on the cost under §E(1)(a) of this regulation; and

(c) Arrange for payment by the applicant.

(2) Under State Government Article, §10-621, Annotated Code of Maryland, the official custodian may charge a reasonable fee to recover costs associated with the search for, preparation of, copying of, and photographing of a public record.

(3) Unless otherwise established, the official custodian shall base the fee charged on costs for document searches, copies, printouts, photographs, or certified copies of a public record. The official custodian shall charge:

(a) If a Department photocopy machine is used, 50 cents for each page copied;

(b) The actual cost of obtaining each photograph;

(c) 50 cents for each page or photograph certified as a true test copy, which is in addition to charges under §E(3)(a) and (b) of this regulation;

(d) Except for the first 2 hours, for work time used searching, preparing, copying, or photographing a public record;

(e) If a copy or photograph of a public record is mailed or delivered to the applicant, for the actual cost of postage or delivery; and

(f) If copying or photographing cannot be performed within the Department, for the actual cost, established by the public or private business providing the service.

(4) The official custodian may not charge a fee if the total cost for providing the public record would be $1 or less.

(5) The official custodian may waive or reduce a fee charged under this regulation if the official custodian:

(a) Receives a request for a waiver or reduction of the fee from the applicant; and

(b) After considering the applicant's ability to pay the fee and any other factors, determines that a waiver is in the best interest of the public.

Md. Code Regs. 12.11.02.06