Md. Code Regs. 07.01.02.07

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.01.02.07 - Administrative and Judicial Review of Denial

A. If the custodian denies a written request for inspection for a reason other than because the official custodian has obtained a court order under Regulation .05 of this chapter, the requestor may:

(1) Within 30 days of receipt of notice of the denial, request an administrative hearing on the denial; or

(2) File an appropriate action in circuit court in accordance with State Government Article, § 10-623, Annotated Code of Maryland.

B. Appeals. A requestor may:

(1) Only appeal a written request for access to a record to an administrative hearing or a circuit court; or

(2) Submit a written request for disclosure or personal review of the record containing the information sought, if denied an oral request for information.

C. An administrative hearing authorized by this regulation shall be conducted in accordance with the Department's regulations and procedures for fair hearings.

D. If the agency's final decision on an administrative hearing is a total or partial denial of a request, the requestor may appeal to the appropriate circuit court pursuant to State Government Article, § 10-222, Annotated Code of Maryland.

Md. Code Regs. 07.01.02.07

Regulations .07, Confidential Nature of Records, repealed effective October 28, 1991 (18:21 Md. R. 2305)
Regulations .07, Procedures for Access to Records, adopted effective October 28, 1991 (18:21 Md. R. 2305)