FCC Academic Catalog 2016-2017

2016/2017 fcc catalog

182

www.frederick.edu

• 301.846.2400

“Workday”

means Monday through Friday

when the College is officially open for business and

does not include weekends, holidays, or other days

the College is closed.

“Indigent”

means an individual’s family

household income is less than 50% of the median

family income for the State as reported in the

Federal Register.

III. Written Request

Requests for public records under the Act should

be submitted in writing to the Public Information

Officer (PIO) listed on the College website.

A written request must:

1. Contain the Applicant’s name and address;

2. Be signed by the Applicant; and

3. Reasonably identify, by brief description,

the public record sought.

Written requests will not be required when

there is no question that the public has a right

to inspect the record and access to the record

is readily available. A list of such records will be

maintained on the College website. The Act does

not require the College to provide information

not contained in a public record or to create

such a record if it does not exist at the time of

the request.

IV. Response to Request

A. If the College grants a request for inspection, the

PIO shall produce the public record for inspection:

1. Immediately; or

2. Within a reasonable time period, not to

exceed 30 calendar days after the date

of the request, if that period is needed to

retrieve the public record and conduct any

necessary review.

B. If the PIO reasonably believes that it will take

more than 10 workdays to produce the public

record, the PIO shall indicate in writing or by

electronic mail within 10 workdays after receipt of

the request:

1. The amount of time that the PIO anticipates it

will take to produce the public record;

2. An estimate of the range of fees that may be

charged to comply with the request for public

records; and

3. The reason why it will take more than 10

workdays to produce the records.

C. If the College decides to deny a request for

inspection:

1. The College shall do so within 30 calendar days

after receipt of the request;

2. The College will immediately notify the

Applicant of the decision to deny the request;

and

3. The PIO shall provide the Applicant, at the time

of the denial or within 10 workdays, a written

statement that gives the reasons for the denial;

the legal authority for the denial; and notice of

the remedies available for review of the denial.

D. With the consent of the Applicant, any time limit

imposed by paragraphs A and C of this section may

be extended for an additional period of up to 30

calendar days.

E. If the College is not in custody or control of the

public record requested, the PIO shall, within 10

workdays after receipt of the request, notify the

Applicant:

1. That the College does not have custody or

control of the requested public record; and

2. The possible location of the public record, if

known.

V. Notice to Person Potentially Affected By

Disclosure

Unless prohibited by law, the PIO may notify a

person or persons who could be adversely affected

by disclosure of a public record.

VI. Public Record Temporarily Unavailable

If a requested public record is in the custody and

control of FCC but is not immediately available for

inspection or copying, the PIO shall promptly:

A. Notify the Applicant that the public record is not

immediately available; and

B. Schedule a date within a reasonable time for

inspection or copying.

VII. Public Record Destroyed or Lost

If the PIO knows that a requested public record

of the College has been destroyed or lost, the PIO

shall promptly:

A. Notify the Applicant that the public record is not

available; and

B. Explain the reasons why the public record

cannot be produced.

VIII. Disclosure Against Public Interest

A. Denial Pending Court Order

1. If, in the opinion of the PIO, disclosure of a

public record otherwise subject to disclosure

under the Act would do substantial injury to the

public interest, the PIO may temporarily deny

the request. The PIO must then seek a court

order allowing nondisclosure.

2. The temporary denial shall be in writing.

B. Circuit Court Review

1. Within 10 workdays after the denial, the College

shall apply to the appropriate circuit court

for an order permitting continued denial or

restriction of access.

2. Notice of the complaint of the College shall

be served on the Applicant in the manner

provided for service of process by the Maryland

Rules of Civil Procedur

IX. Fees

A. The fee schedule for copying and certifying

copies of public records of FCC is as follows:

1. Copies

a. The fee for each copy made by a

photocopying or scanning machine is 25

cents per page. No charge will be made if the

total fee for photocopying or scanning is $10

or less.

b. The fee for each copy made otherwise shall

be based on the actual cost of reproduction.

2. Certification of Copies. If a person requests that

a copy of a public record be certified as a true

copy, an additional fee of $1 per page (or if

appropriate, per item) shall be charged.

B. If the PIO cannot copy a public record within

FCC, the PIO shall make arrangements for the

prompt reproduction of the record at public or

private facilities outside FCC. The PIO shall arrange

for payment by the Applicant in advance.

C. Before copying a public record of FCC, the PIO

shall estimate the cost of reproduction and either:

1. Obtain the agreement of the Applicant to pay

the cost; or

2. Demand prepayment of the cost.

D. The College may charge a reasonable fee for

time that an employee of FCC spends:

1. To search for requested public records;

2. To review requested public records for potential

disclosure; and

3. To prepare public records for inspection

and copying. This fee will be determined by

multiplying the employee’s salary, prorated to

an hourly basis, by the actual time attributable

to the search for, review of, and preparation of

public records for inspection and copying.

E. The College may not charge a search or

preparation fee for the first two hours that an

employee of FCC spends to respond to a request

for public records.

F. Waiver or Reduction of Fee

The President may waive or reduce any fee set

under this Policy and Procedures if the Applicant

requests a waiver and it is determined that:

1. the waiver or reduction is in the public interest;

2. the Applicant is indigent and files an affidavit

verifying the facts that support a claim of

indigency.

G. If the Applicant requests that copies of a public

record be mailed or delivered to the Applicant or to

a third party, the College may charge the Applicant

for the cost of postage or delivery.