Md. Code Regs. 14.03.05.19

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.03.05.19 - Application and Processing of Public Information Act Requests

A. Applications.

(1) A person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian.

(2) If the individual to whom the application is submitted is not the custodian of the record, within 10 working days after receiving the application, the individual shall give the applicant notice of that fact and, if known, shall provide the name of the custodian and the location or possible location of the public record.

B. Contents of Written Application. A written application shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.

C. Response to Written Application.

(1) Granting of Request. If the custodian decides to grant a written application for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period that is needed to retrieve the public record, not to exceed 30 days from the date of the application.

(2) Denial of Request.

(a) If the custodian denies the application, the custodian immediately shall notify the applicant and within 10 working days, give the applicant a written statement that states the reason for the denial, the legal authority for the denial, and notice of the remedies under State Government Article, §§10-622 and 10-623, Annotated Code of Maryland, for review of denial.

(b) The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from the material to which access is denied by the custodian.

(3) Request Made to an Individual Who Is Not the Custodian of the Request Record.

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

(b) If the person to whom the application is made knows the name of the custodian of the record or the location or possible location of the record sought, this information also shall be given to the applicant.

(4) With the consent of the applicant, any time limit imposed under this section may be extended for not more than 30 days.

D. Notification of Persons Who May Be Affected by Disclosure.

(1) Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure that an application for inspection or copying of the record has been made.

(2) The custodian may consider the comments of that person before deciding whether to disclose the record of the applicant.

E. Precertification Production of Investigative Case Files.

(1) Pursuant to State Government Article, § 20-1101, Annotated Code of Maryland, during the investigation of any complaint alleging a violation of State Government Article, §§ 20-301"305, 20-602, 20-606"20-607, 20-705"20-706, and 20-901"20-902, Annotated Code of Maryland, and until the matters reach the stage of public hearings, the Commission is required to hold confidential any information in relation to investigative case files.

(2) Release of Information.

(a) Any request for information relating to investigative files before the charge has reached the public hearing stage shall be denied, except those made pursuant to provisions of State Government Article, § 20-1101, Annotated Code of Maryland.

(b) Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent.

(c) The identity of the complainant may be disclosed to the respondent at any time.

F. Certified Investigative Case Files.

(1) The custodian may deny inspection of:

(a) Cases which have been certified for public hearings under Regulation .13 of this chapter, and any other requests for information, in accordance with State Government Article, § 10-618, Annotated Code of Maryland; and

(b) An investigative case file or other document if the custodian believes it would be against public interest, subject to the provisions of §E(2) of this regulation.

(2) The custodian may deny inspection by a person in interest only to the extent it would:

(a) Interfere with a valid and proper law enforcement proceeding;

(b) Deprive another person of a right to a fair trial or an impartial adjudication;

(c) Constitute an unwarranted invasion of personal privacy;

(d) Disclose the identity of a confidential source;

(e) Disclose an investigative technique or procedure;

(f) Prejudice an investigation; or

(g) Endanger the life or physical safety of an individual.

G. Privileged Information. A person may not inspect or copy any information which is privileged by law.

Md. Code Regs. 14.03.05.19

Regulation .19E amended effective April 18, 2011 (38:8 Md. R. 507)