§ 9-4001

Maryland § 9-4001

• Jurisdiction: Maryland
• Article gsg: State Government
• Title: 9

Text

(a) In this subtitle the following words have the meanings indicated.

(b) “Administrative act” means any action, decision, adjudication, failure to act, omission, rule or regulation, interpretation, recommendation, policy, practice, or procedure of an agency.

(c) (1) “Agency” means:

(i) the Department of Public Safety and Correctional Services;

(ii) any officer or employee of the Department of Public Safety and Correctional Services;

(iii) any person providing services under a contract with the Department of Public Safety and Correctional Services to individuals who are confined by or under the supervision of the Department of Public Safety and Correctional Services; or

(iv) any officer, employee, or administrative hearing examiner of the State or a unit of local government who is acting or purporting to act in relation to individuals confined by or under the supervision of the Department of Public Safety and Correctional Services.

(2) “Agency” does not include:

(i) a judge, as defined in § 1–101 of the Courts Article, or any other employee of the judiciary;

(ii) the General Assembly or any member, employee, or committee of the General Assembly; or

(iii) the Governor or the Governor’s personal staff.

(d) (1) “Complaint” means any communication:

(i) from or on behalf of an individual confined by or under the supervision of an agency; and

(ii) alleging a violation of the individual’s rights or any applicable law, regulation, or standard:

1. by the agency; and

2. that impacted the individual.

(2) “Complaint” does not include a disciplinary proceeding of an incarcerated individual.

(e) “Office” means the Office of the Correctional Ombudsman.

(f) “Records” means all materials, regardless of physical form or characteristics, created, generated, recorded, received, possessed, or controlled by or on behalf of any agency.