Md. Code Regs. 26.01.04.07

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.04.07 - Response to Written Request

A. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, if this period of time is needed to retrieve the information.

B. If the custodian decides to deny the written request, he shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial. The notification shall be in writing and shall state the reason for denying the request and include a citation to the statute or regulation that provides the basis for the denial.

C. 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, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

D. With the consent of the applicant, any time limit imposed by §§A-C of this regulation may be extended for an additional period not to exceed 30 days.

E. Expedited Processing.

(1) If the applicant demonstrates a compelling need for the information, a request for expedited processing may be granted.

(2) A demonstration of a compelling need shall be:

(a) Made in the request for expedited processing; and

(b) Certified under oath to be true and correct by the applicant.

(3) Determinations to grant or deny expedited processing are within the discretion of the Department and shall be made on a case-by-case basis.

Md. Code Regs. 26.01.04.07

Regulations .07 repealed, and new .07 adopted effective July 16, 1984 (11:14 Md. R. 1250)
Regulation .07E adopted effective October 4, 1999 (26:20 Md. R. 1548)