Md. Code Regs. 14.40.02.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.40.02.09 - Response to Request

A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection, without unreasonable delay, as follows:

(1) Immediately for records designated by the Center for inspection, as set forth in §B of this regulation; 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. The custodian shall designate the following public records for immediate inspection:

(1) Minutes of the Subcabinet;

(2) Minutes of the Advisory Board;

(3) Bylaws of the Subcabinet; and

(4) Bylaws of the Advisory Board.

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

(1) Do so within 30 days of receipt of the request; 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 setting forth:

(1) The reason for the denial;

(2) The legal authority for the denial; and

(3) Notice of the remedies available for review of the denial.

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

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

(2) If the custodian knows, of:

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

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

F. With the consent of the applicant, any time limit imposed by §§A-C of this regulation may be extended for an additional period of up to 30 days.

Md. Code Regs. 14.40.02.09

Regulation .09 adopted effective 47:5 Md. R. 312, eff. 3/9/2020