Md. Code Regs. 31.02.05.04

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

Section 31.02.05.04 - Response to Written Request

A. If the custodian grants a written request, the custodian shall produce the record for inspection immediately, or within a reasonable period needed to retrieve the public record, not to exceed 30 days after receipt of the written request.

B. If the custodian denies the written request, the custodian shall do so promptly, but not later than 30 days after receipt of the written request. Within 10 working days, the custodian shall provide to the applicant a written statement that gives:

(1) The reason for the denial and, if the denial is based on General Provisions Article, § 4-343, Annotated Code of Maryland, a brief explanation of why the denial is necessary;

(2) The legal authority for the denial;

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

(4) Notice of the remedies as stated in General Provisions Article, §§ 4-1A-04, 4-1B-04, and 4-362, Annotated Code of Maryland, for review of the denial.

C. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

(1) The amount of time anticipated to produce the public record;

(2) An estimate of the range of fees that may be charged to produce the requested public record; and

(3) The reason for the delay.

D. If the custodian denies the written request, the custodian shall permit inspection of any part of the record that is subject to inspection.

E. The custodian shall deny inspection of all or any part of a public record as provided in General Provisions Article, Title 4, Subtitle 3, Annotated Code of Maryland.

F. With the consent of the applicant, any time limit imposed by A and B of this regulation may be extended for an additional period not to exceed 30 days.

Md. Code Regs. 31.02.05.04

Amended effective 43:2 Md. R. 128, eff.2/1/2016