Md. Code Regs. 09.01.04.05

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

Section 09.01.04.05 - Response to Written Request

A. Decision to Grant a Request.

(1) If the custodian decides to grant a written request for inspection, the custodian shall be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the request was received.

(2) If the custodian reasonably believes that it will take more than ten (10) working days to produce the public record, the custodian shall indicate in writing via regular or electronic mail within 10 working days after receipt of the request:

(a) The amount of time the custodian anticipates it will take to produce the public record;

(b) An estimate of the range of fees that may be charged to comply with the request for public records; and

(c) The reason why it will take more than 10 working days to produce the public records.

B. Decision to Deny a Request.

(1) If the custodian decides to deny the written request, the custodian shall do so within 30 days after receipt of the. written request and shall immediately notify the applicant of the denial.

(2) 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 provides the following information:

(a) The reason for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:

(i) Why the denial is necessary; and

(ii) 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;

(b) The legal authority for the denial;

(c) 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

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

C. Records Not in Custody or Control.

(1) 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, notify the applicant that the person does not have custody or control of the requested public record.

(2) If that person knows the name of the custodian of the. public record or the location or possible location of the record, this information shall also be given to the applicant.

D. Extension of Time. Any time limit imposed under this regulation may be extended either with the consent of the applicant for an additional period not to exceed 30 days, or if the applicant seeks resolution of a dispute under General Provisions Article, §4-1B-04, Annotated Code of Maryland, before the Public Access Ombudsman.

Md. Code Regs. 09.01.04.05

Regulations .05 adopted as an emergency provision effective August 6, 1982 (9:18 Md. R. 1795); emergency status extended at 10:1 Md. R. 19; adopted permanently effective February 4, 1983 (10:2 Md. R. 109); amended and recodified from .08 effective 44:25 Md. R. 1180, eff. 12/18/2017