Md. Code Regs. 02.06.01.09

Current through Register Vol. 51, No. 24, December 2, 2024

Section 02.06.01.09 - 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 reasonable time period, not to exceed 30 days after the date of the request.

B. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

(1) The amount of time that the custodian 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 working days to produce the records.

C. If the custodian decides to deny a request for inspection, the custodian shall:

(1) Deny the request promptly and not more than 30 days after the request, except as otherwise provided by law; and

(2) Immediately notify the applicant of the denial.

D. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:

(1) The reason or reasons for the denial, including, for records denied under General Provisions Article, § 4-343, Annotated Code of Maryland, a brief explanation of:

(a) Why the denial is necessary, that is, why disclosure of the public record would be contrary to the public interest; and

(b) Why redacting information would not address the reasons for the denial;

(2) The legal authority for the denial;

(3) Without disclosing the protected information, a brief description of the undisclosed record or records that will enable the applicant to assess the applicability of the legal authority for the denial; and

(4) Immediately notify the applicant of the denial.

E. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant:

(1) That the person does not have custody or control of the requested public record; and

(2) If the person knows:

(a) The name of the custodian of the public record; and

(b) The location or possible location of the public record.

F. Any time limit imposed by §§A-C of this regulation may be extended:

(1) With the consent of the applicant, for an additional period of up to 30 days; and

(2) For the period of time during which a dispute is pending before the Public Access Ombudsman, as permitted by General Provisions Article, § 4-203(d)(2), Annotated Code of Maryland.

Md. Code Regs. 02.06.01.09

Regulation .09 amended effective 49:11 Md. R. 609, eff. 5/30/2022