Sec. 19a.01.01.04. Information Provisions

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, General Provisions Article, §§4-101-4-601, 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, and considered by the Commission to be nondisclosable under this section until the right to protection of the subject’s identity is expressly waived by the subject.

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. Investigatory 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. Subject to §F of this regulation, for statements filed on or after January 1, 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.

H. 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.

I. 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.