There is a State Public Information Act Compliance Board.

The Board consists of five members. One member of the Board shall be a representative: from a nongovernmental nonprofit group that is organized in the State; who works on issues related to transparency or open government; and who is nominated by representatives of the open government and news media communities. One member of the Board shall: have knowledge of the provisions of this title; have served as a custodian in the State as defined in § 4–101(d) of this title; and be nominated by the Maryland Association of Counties and the Maryland Municipal League. Three members of the Board shall be private citizens of the State. A private citizen member of the Board may not be: a custodian of a public record; a member of the news media; or a staff member or spokesperson for an organization that represents the interests of custodians or applicants for public records. At least two members of the Board shall be attorneys admitted to the Maryland Bar. At least one member of the Board shall be knowledgeable about electronic records, including electronic storage, retrieval, review, and reproduction technologies. The Governor shall publish, on the website of the Office of the Governor, notice of the Governor’s intent to consider applicants for positions on the Board. The notice shall include: application procedures; criteria for evaluating an applicant’s qualifications; and procedures for resolving any conflicts of interest. The Governor shall solicit recommendations for positions on the Board from representatives of the custodian, news media, and nonprofit communities. An individual may submit to the Governor an application for membership on the Board as provided under subparagraph (ii) of this paragraph. The names and qualifications of applicants shall be posted on the website of the Office of the Governor. When evaluating an applicant, the Governor shall: consider the need for geographic, political, racial, ethnic, cultural, and gender diversity on the Board; and ensure the neutrality of the Board. Subject to paragraphs (2) through (4) of this subsection and with the advice and consent of the Senate, the Governor shall appoint the members of the Board from the pool of applicants under paragraph (5) of this subsection. From among the members of the Board, the Governor shall appoint a chair. The term of a member is 3 years. The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2015. At the end of a term, a member continues to serve until a successor is appointed. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed. A member may not serve for more than two consecutive 3–year terms.

A majority of the full authorized membership of the Board is a quorum. The Board shall determine the times and places of its meetings. A member of the Board: may not receive compensation as a member of the Board; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. Subject to paragraph (2) of this subsection, the Office of the Attorney General shall provide staff and office space for the Board. The Office of the Attorney General shall provide at least two staff members to assist the Board and the Office of the Public Access Ombudsman to carry out the duties of the Board under this subtitle and the Office under Subtitle 1B of this title.

The Board shall: receive, review, and, subject to § 4–1A–07 of this subtitle, resolve complaints filed under § 4–1A–05 of this subtitle from any applicant or the applicant’s designated representative alleging that a custodian: denied inspection of a public record in violation of this title; charged an unreasonable fee under § 4–206 of this title of more than $350; or failed to respond to a request for a public record within the time limits established under § 4–203(a) or (d) of this title; issue a written decision as to whether a violation has occurred; and order the custodian to: if the Board finds that the custodian has denied inspection of a public record in violation of this title, produce the public record for inspection; if the Board finds that the custodian charged an unreasonable fee under § 4–206 of this title, reduce the fee to an amount determined by the Board to be reasonable and refund the difference; or if the Board finds that the custodian failed to respond to a request for a public record within the time limits established under § 4–203(a) or (d) of this title: promptly respond; and at the Board’s discretion and only if the written decision includes the Board’s reasons for ordering the waiver, waive all or part of the fee the custodian is otherwise entitled to charge under § 4–206 of this title. The Board shall: receive, review, and, subject to § 4–1A–07 of this subtitle, resolve complaints filed under § 4–1A–05 of this subtitle from any custodian alleging that an applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith; issue a written decision as to whether the applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith; and if the Board finds that the applicant’s request is frivolous, vexatious, or in bad faith, based on the totality of the circumstances including the number and scope of the applicant’s past requests and the custodian’s responses to past requests and efforts to cooperate with the applicant, issue an order authorizing the custodian to: ignore the request that is the subject of the custodian’s complaint; or respond to a less burdensome version of the request within a reasonable time frame, as determined by the Board. The Board shall: adopt regulations to carry out this subtitle; study ongoing compliance with this title by custodians; and make recommendations to the General Assembly for improvements to this title. On or before October 1 of each year, the Board shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly. The report shall: describe the activities of the Board; describe the decisions of the Board; state the number and nature of complaints filed with the Board; and recommend any improvements to this title.

Any applicant, the applicant’s designated representative, or a custodian may file a written complaint with the Board seeking a written decision and order from the Board under § 4–1A–04 of this subtitle if: the complainant has attempted to resolve the dispute through the Office of the Public Access Ombudsman under § 4–1B–04 of this title; and the Public Access Ombudsman has issued a final determination stating that the dispute was not resolved. The complaint shall: identify the custodian or applicant that is the subject of the complaint; describe the action of the custodian or applicant, the date of the action, and the circumstances of the action; be signed by the complainant; if available, include a copy of the original request for public records and the custodian’s response, if any; and be filed within 30 calendar days after the complainant receives the final determination of the Public Access Ombudsman under § 4–1B–04 of this title.

Except as provided in subsection (c) of this section, on receipt of a written complaint, the Board promptly shall: send the complaint to the custodian or applicant identified in the complaint; and request that a response to the complaint be sent to the Board. The custodian or applicant shall file a written response to the complaint within 30 calendar days after receiving the complaint. On request of the Board, the custodian shall provide: if the complaint alleges that the custodian failed to respond to a request for a public record within the time limits established under § 4–203 of this title, a response to the request for the public record; if the complaint alleges that the custodian denied inspection of a public record in violation of this title: a copy of the public record, descriptive index of the public record, or written reason why the record cannot be disclosed, as appropriate; and the provision of law on which the custodian relied in denying inspection of the public record; or if the complaint alleges that the custodian charged an unreasonable fee under § 4–206 of this title, the basis for the fee that was charged. If the complaint alleges that the custodian denied inspection of a public record under § 4–301(a)(2)(ii) of this title, the custodian may not be required to produce the public record for Board review. The Board may request information about the public record from the custodian. On request of the Board, a custodian or an applicant shall provide an affidavit or a statement containing the facts that are at issue in the complaint. The Board shall maintain the confidentiality of any record or information submitted by a custodian or an applicant under this subsection. A custodian may not be civilly or criminally liable under Maryland law for providing or describing a public record to the Board under this subsection. The provision of a record or a description of a record to the Board under this subsection may not be construed as a waiver of any applicable privilege. If a written response or information requested under subsection (b) of this section is not received within 30 calendar days after the request is sent, the Board shall decide the case on the facts before the Board.

The Board shall review the complaint and any response. The Board shall issue a written decision within 30 calendar days after receiving the written response and all information requested under § 4–1A–06(b) of this subtitle. Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the affected custodian or applicant, or any other person with relevant information about the subject of the complaint. The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the affected custodian or applicant. When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail. An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article. The Board shall issue a written decision within 30 calendar days after the informal conference. If the Board is unable to issue a decision on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall: state in writing the reason for its inability to issue a decision; and issue a decision as soon as possible but not later than 120 days after the filing of the complaint. A decision of the Board may state that the Board is unable to resolve the complaint. A person may not appeal under § 4–1A–10 of this subtitle or § 4–362(a)(2) of this title a decision of the Board stating that the Board is unable to resolve the complaint. The Board shall send a copy of the written decision to the complainant and the affected custodian or applicant.

The Board may send to any custodian in the State any written decision that will provide the custodian with guidance on compliance with this title. The Attorney General shall post on the website of the Office of the Attorney General all of the Board’s written decisions under this subtitle.

Compliance by a custodian with an order of the Board: is not an admission to a violation of this title by the custodian; and may not be used as evidence in a proceeding conducted in accordance with § 4–362 of this title.

A person or governmental unit need not exhaust the administrative remedy under this subtitle before filing suit. Except as otherwise provided in this subtitle, an applicant, a complainant, or a custodian may appeal the decision issued by the Board under this subtitle in accordance with § 4–362 of this title. An appeal under this subsection automatically stays the decision of the Board pending the circuit court’s decision.