Maryland Administrative Code

.01 General. The Attorney General of Maryland is not authorized to give advisory opinions to private parties. The Attorney General will in certain circumstances and under the conditions set forth in this chapter, respond to inquiries from private parties with respect to proposed …

.02 Request. A request for a business review letter shall be submitted in writing to the Assistant Attorney General and Chief, Antitrust Division, Office of the Attorney General, 200 St. Paul Place, Baltimore, Maryland 21202.

.03 Proposed Business Conduct. The Attorney General shall consider only requests with respect to proposed business conduct. Hypothetical problems may not be considered for review.

.04 Applicability. A business review letter issued under this chapter does not have application to any party which does not join in the request for the business review letter.

.05 Content of Request. A request shall be accompanied by: A. All relevant data, including background information; B. Complete copies of all operative documents; and C. Detailed statements of all collateral understandings, if any.

.06 Obligation of Requesting Party. The requesting party is under an obligation to make a full disclosure with respect to the business conduct for which review is requested. A party requesting the review letter shall provide the Attorney General with whatever additional informati…

.07 Oral Clearance Not Binding. The Attorney General does not give or authorize an oral clearance, release, or other statement purporting to bind the enforcement discretion of the Attorney General. The requesting party may rely only upon a written business review letter signed by…

.08 Response by Attorney General. After review of a request, the Attorney General may: A. State the Attorney General's present enforcement intention with respect to the proposed business conduct; B. Decline to respond to the request; or C. Take such other position as the Attorney…

.09 Effect of Business Review Letter. A. A business review letter shall recite the facts upon which it is issued, and shall state only the enforcement intention of the Attorney General with respect to the facts as recited. The Attorney General remains completely free to bring wha…

.10 Request May Be Withdrawn At Any Time. A requesting party may withdraw a request for review at any time. The Attorney General remains free, however, to submit comments to the requesting party as the Attorney General considers appropriate. Failure to take action after receipt o…

.11 Documents Retained. The Attorney General reserves the right to retain documents submitted to the Attorney General under this procedure or otherwise and to use them for purposes of enforcement of the Maryland Antitrust Act, Commercial Law Article, §11-201—11-213, Annotated Cod…

.01 Scope. This chapter applies to the conversion and acquisition of a nonprofit hospital and is intended to effectuate the provisions of State Government Article, Title 6.5, Annotated Code of Maryland, and is not intended to modify or conflict with the provisions of that title.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acquisition” has the meaning stated in State Government Article, §6.5-101(b), Annotated Code of Maryland. (2) “Application” means any documents or other materials filed wi…

.03 Application. A. A person that seeks to engage in an acquisition of a nonprofit health entity shall mail or deliver 30 complete copies of an application to the Office of the Attorney General, 200 St. Paul Place, Baltimore, Maryland 21202. B. The application shall include: (1) …

.04 Financial and Community Impact Report and Other Expert Assistance. A. The transferee shall file a financial and community impact report prepared by an independent expert that analyzes whether: (1) The purchase price represents the fair value of the transferor; (2) The fair va…

.05 Public Access to Documents. A. Any person may request to inspect or copy all or part of an application or documents generated upon review of an application. B. Unless it conflicts with this chapter or State Government Article, Title 6.5, Annotated Code of Maryland, the Maryla…

.06 Public Hearing. A. Within 90 days of receiving a complete application, including all expert reports required or requested by the Attorney General, the Attorney General shall hold a public hearing in the jurisdiction in which the hospital to be acquired by the transferee is lo…

.07 Decision. A. Within 60 days after the record is closed, including the conclusion of any public hearings, submission of any expert reports, and consultation with the Department, the Attorney General shall issue a decision: (1) Approving the application without modification; (2…

.01 Scope. This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of the Attorney General for the inspection and copying of public records of the Office.

.02 Policy. It is the policy of the Office of the Attorney General to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. (2) “Applicant” has the meaning stated in General Provisions …

.04 Attorney General as Official Custodian. Unless otherwise provided by law, the Attorney General is the official custodian of the public records of the Office.

.05 Who May Request Public Records. Any person may request to inspect or copy public records of the Office.

.06 Necessity for Written Request. A. Inspection. (1) Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request. (2) The custodian shall require a written reques…

.07 Contents of Written Request. A written request shall: A. Contain the applicant’s contact information; and B. Reasonably identify, by brief description, the public record sought.

.08 Addressee. A request to inspect or copy a public record shall be addressed to the custodian of the record or to the Office’s representative for public records requests as designated under General Provisions Article, §4-503, Annotated Code of Maryland. If the custodian is unkn…

.09 Response to Request. A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection: (1) Immediately; or (2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reas…

.10 Notice to Person Possibly Affected by Disclosure. A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclo…

.11 Electronic Records. A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: (1) The public record is in a searchable and analyzable electronic format;…

.12 Public Record Destroyed or Lost. If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly: A. Notify the applicant that the public record is not available; and B. Explain the reasons why…

.13 Availability of Judicial and Administrative Review. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362(a)(1), Annotated Code of Maryland, withou…

.14 Disclosure Against Public Interest. A. Denial Pending Court Order. (1) If, in the opinion of the Attorney General, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Attorney Genera…

.15 Fees. A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Office is as follows: (1) For each copy made by a standard printer or photocopying machine within the Office, 25 cents per page; (2) For ea…

.16 Time and Place of Inspection. A. An applicant may inspect any public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office, subject to the ability of the custodian, if a record is not immediately available for inspection,…

.17 Sociological Information. A. For purposes of this regulation, “sociological information” means: (1) Social Security number; (2) Personal street address; (3) Personal phone number; (4) Date of birth; and (5) Driver’s license number. B. Except for use in carrying out the custod…

.01 Scope. This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of the Attorney General.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. (2) “Custodian” has the meaning stated in General Provisions …

.03 Who May Request. A person in interest may request that the Office correct or amend any public record that: A. The Office keeps; and B. The person in interest is authorized to inspect.

.04 Contents of Request. A. A person in interest shall make a request to correct or amend a public record in writing. B. The request shall: (1) Identify the public record to be corrected or amended; (2) State the precise correction or amendment requested; (3) State the reason for…

.05 Addressee. A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Attorney General.

.06 Return of Nonconforming Request. A. The Office shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter. B. If the request does not reasonably comply with Regulations .04 and .05 of t…

.07 Response to Request. Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall: A. Make the requested correction or amendment, and inform the requester in writing o…

.08 Response to Refusal of Request—Statement of Disagreement. If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise statement of the reasons for: A. The requested correction or amendment; and B. The person's dis…

.09 Requirements for Statement of Disagreement. The statement submitted under Regulation .08 of this chapter shall: A. Be on pages not larger than 8-1/2 × 11 inches; B. Use only one side of each page; and C. Consist of not more than five pages.

.10 Disclosure of Statement of Disagreement. If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a t…

.11 Administrative Review. A. A person may request administrative review under this regulation if the Office: (1) Has refused the person's request to correct or amend a public record under Regulation .07 of this chapter; (2) Has rejected the person's statement of disagreement und…

.01 Scope. This chapter sets out the “Instructions on Current Life-Sustaining Treatment Options” form developed by the Office of the Attorney General and certain related procedures and requirements.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advance directive” has the meaning stated in Health-General Article, §5-601(d), Annotated Code of Maryland. (2) “Agent” has the meaning stated in Health-General Article, §…

.03 Nature and Contents of the Form. A. The form shall consist of two sides of a single sheet of paper. B. The format and contents of the form are as follows: SEE FORM AT END OF CHAPTER.

.04 Voluntary Use of the Form. A. Use of the form by a patient or proxy is voluntary. B. A patient or proxy may make an entry on some parts of the form and decline to do so on other parts.