Md. Code Regs. 10.01.08.03

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

Section 10.01.08.03 - Procedures Regarding Inspection or Copying of a Record

A. To obtain access to records of the Department, an applicant shall submit to the custodian a written application containing the applicant's name, address, telephone number, if available, and a description of the record sought. If the applicant is an individual with a disability, the Department may arrange for an alternative.

B. Upon receipt of an application, the custodian shall follow the procedures stated in State Government Article, §§10-614 -10-619, Annotated Code of Maryland.

C. Response to Requests.

(1) The custodian shall respond to a record request as soon as possible, but not later than 10 business days after the receipt of the request, by:

(a) Providing access to the requested records;

(b) Denying access to the record or parts of the record with an explanation for the denial; or

(c) Advising that additional time is needed because the request:

(i) Is for voluminous records;

(ii) Requires legal advice; or

(iii) A record is in storage or archived.

(2) If a requested record has been destroyed or lost, the custodian shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the circumstances of the destruction or loss.

(3) If access cannot be provided within 10 business days, the custodian shall:

(a) Cite the reasons why more time is needed; and

(b) Provide a good-faith estimate of how much additional time is required to fulfill the request.

D. Time and Place of Inspection.

(1) An applicant may inspect a record between 8 a.m. and 5 p.m. on a working day.

(2) Inspection takes place where the document is located, unless the custodian determines that another location is more suitable.

(3) The custodian shall arrange for a suitable location and method of inspection for an individual with a disability.

Md. Code Regs. 10.01.08.03

Regulation .03 amended effective July 29, 1985 (12:15 Md. R. 1516); May 15, 1989 (16:9 Md. R. 994)
Regulation .03C amended effective 41:16 Md. R. 945, eff.8/18/2014