Md. Code Regs. 33.04.01.07

Current through Register Vol. 51, No. 26, December 27, 2024

Section 33.04.01.07 - [Effective 1/6/2025] Response to Request

A. In General. Within the time limits and in the manner prescribed by the Act, a custodian shall:

(1) Respond in writing to a written request;

(2) If he or she is not the custodian of the requested records, so notify the applicant as provided in General Provisions Article, § 4-202(c), Annotated Code of Maryland; and

(3) If he or she is the custodian of the requested records:

(a) Grant the application, in whole or in part, in accordance with General Provisions Article, §§ 4-203 and 4-205, Annotated Code of Maryland;

(b) Deny the application, in whole or in part, as required or authorized by General Provisions Article, Subtitle 3, Annotated Code of Maryland, and this subtitle, in accordance with General Provisions Article, § 4-203, Annotated Code of Maryland; or

(c) If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with General Provisions Article, § 4-358, Annotated Code of Maryland.

B. Sociological Information.

(1) Except for use in carrying out a custodian's governmental functions, a custodian may not disclose under the Act, and shall deny a request for inspection or copying of, any part of a public record that contains sociological information relating to an individual.

(2) A custodian may disclose sociological information:

(a) To the person in interest or the agent or representative of the person in interest;

(b) Pursuant to a duly issued subpoena;

(c) Pursuant to a court order; or

(d) If disclosure is otherwise required by law.

C. Entry Into Log. On disposition of a written request, the custodian shall record in the log maintained under Regulation .04 of this chapter the:

(1) Information required by that regulation; and

(2) Disposition of the request.

Md. Code Regs. 33.04.01.07

Regulations .07 adopted as an emergency provision effective February 1, 2000 (27:5 Md. R. 580); adopted permanently effective April 17, 2000 (27:7 Md. R. 708); amended effective 43:4 Md. R. 334, eff.2/29/2016; amended effective 51:26 Md. R. 1186, eff. 1/6/2025.