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09.01.04 - Office of the Secretary - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 45, ISSUE 19,
FRIDAY, SEPTEMBER 14, 2018

Subtitle 10 OFFICE OF THE SECRETARY

09.01.11 Open Meetings Act

Authority: Business Regulation Article, §§2-105 and 2-108; General Provisions Article, Title 3, Annotated Code of Maryland

Notice of Final Action
[18-163-F]

On August 9, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulations .01—.06 under a new chapter, COMAR 09.01.11 Open Meetings Act. This action, which was proposed for adoption in 45:14 Md. R. 705—706 (July 6, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

.01 General.
This chapter contains procedures regarding:
  A. The attendance by members of general public of open sessions of the units in the Department of Labor, Licensing, and Regulation; and
  B. The recording and broadcasting of open sessions of the units within the Department of Labor, Licensing, and Regulation.

.02 Definitions.
  A. In this chapter, the following terms have the meanings indicated.
  B. Terms Defined.
    (1) “Department” means the Department of Labor, Licensing, and Regulation.
    (2) “Open meeting” means a public meeting of the unit within the Department required to be open to the public pursuant to the Open Meetings Act, General Provisions Article, Title 3, Annotated Code of Maryland.
    (3) “Unit” means an entity defined in Business Regulation Article, §2-108, Annotated Code of Maryland.

.03 Public Attendance.
  A. The public is invited to attend and observe any open session of the unit within the Department.
  B. Except in instances when the unit expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not actively participate in the session.

.04 Prohibited Conduct or Activity.
  A. An individual attending an open session of the unit may not engage in conduct that disrupts the session or interferes with the right or opportunity of members of the public to attend and observe the session.
  B. The presiding officer may:
    (1) Order an individual who engages in conduct prohibited in §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
    (2) Request police or other assistance to restore order; or
    (3) Recess the session while order is restored.

.05 Recording, Photographing, and Broadcasting of Open Sessions.
  A. During a public session, a member of the public, including a representative of the news media, may record discussions of the unit using a recording device, if the device:
    (1) Does not create an excessive noise that disturbs members of the unit or any other individuals attending the session;
    (2) Does not otherwise interfere with an individual’s observation of or participation in the session; and
    (3) Is operated openly so that it is obvious to those in attendance that the session is being recorded.
  B. During a public session, a member of the public, including a representative of the news media, may photograph or video record the proceedings of the unit by means of any type of camera or other recording device, if the device:
    (1) Is operated without excessively bright artificial light that disturbs members of the unit or other individuals attending the open session;
    (2) Does not create an excessive noise that disturbs members of the unit or any individuals attending the session;
    (3) Does not otherwise interfere with an individual’s observation of or participation in the session; and
    (4) Is operated openly so that it is obvious to those in attendance that the session is being recorded.
  C. A representative of the news media may broadcast or televise the proceedings of the open session of the unit if the equipment used:
    (1) Is operated without excessively bright artificial light that disturbs members of the unit or other individuals attending the open session;
    (2) Does not create an excessive noise that disturbs members of the unit or any individuals attending the session;
    (3) Does not otherwise interfere with an individual’s observation of or participation in the session; and
    (4) Is operated openly so that it is obvious to those in attendance that the session is being recorded.
  D. The presiding officer may announce the recording of the proceedings.
  E. The presiding officer may restrict movement of a person who is using a recording device, camera, or broadcasting or television equipment if such restriction is necessary to maintain the orderly conduct of the open session.
  F. The presiding officer of the unit may require that an individual who intends to record, photograph, broadcast, televise, or otherwise transmit an open session let the unit know in advance of the beginning of the session.

.06 Recordings Not Part of Record.
A recording of an open session made by a member of the public, or any transcript derived from such a recording, may not be deemed a part of the record or any proceeding of the unit.