Md. Code Regs. 28.01.04.09

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

Section 28.01.04.09 - 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) Within a reasonable time period, not to exceed 30 days after the date of the request, if additional time is needed to retrieve the public record and conduct any necessary review.

B. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall so 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 it will take more than 10 working days to produce the records.

C. 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 for the denial, including, for records denied under General Provisions Article, § 4-343, Annotated Code of Maryland, a brief explanation of:

(a) Why denial is necessary; and

(b) Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest;

(2) The legal authority for the denial;

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

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

D. 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.

E. Any time limit imposed by §§A and B 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 initiated by the applicant is pending before the Public Access Ombudsman.

Md. Code Regs. 28.01.04.09

Regulation .09 adopted effective 43:7 Md. R. 452, eff.4/11/2016; amended effective 46:26 Md. R. 1168, eff. 1/10/2020