Except as otherwise provided by law, a custodian shall allow a person or governmental unit to inspect any public record at any reasonable time. Inspection or copying of a public record may be denied only to the extent provided under this title. To protect public records and to prevent unnecessary interference with official business, each official custodian shall adopt reasonable rules or regulations that, subject to this title: govern timely production and inspection of a public record; and prevent unauthorized disclosure or inspection of a public record, including in accordance with § 4–320.1 of this title. Each official custodian shall: designate types of public records of the governmental unit that are to be made available to any applicant immediately on request; and maintain a current list of the types of public records that have been designated as available to any applicant immediately on request.

Except as provided in subsection (b) of this section, a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian. A person or governmental unit need not submit a written application to the custodian if: the person or governmental unit seeks to inspect a public record listed by an official custodian in accordance with § 4–201(c)(2) of this subtitle; or the custodian waives the requirement for a written application. If the individual to whom the application is submitted is not the custodian of the public record, within 10 working days after receiving the application, the individual shall give the applicant: notice of that fact; and if known: the name of the custodian; and the location or possible location of the public record. When an applicant requests to inspect a public record and a custodian determines that the record does not exist, the custodian shall notify the applicant of this determination: if the custodian has reached this determination on initial review of the application, immediately; or if the custodian has reached this determination after a search for potentially responsive public records, promptly after the search is completed but not more than 30 days after receiving the application.

Except as provided in paragraph (2) of this subsection, the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application. The custodian shall grant or deny an application that is the subject of § 4–356 of this title not more than 50 days after receiving the application. A custodian who approves the application shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record, but not more than 30 days after receipt of the application. 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: the amount of time that the custodian anticipates it will take to produce the public record; an estimate of the range of fees that may be charged to comply with the request for public records; and the reason for the delay. Failure to produce the public record in accordance with this subsection constitutes a denial of an application that may not be considered the result of a bona fide dispute unless the custodian has complied with paragraph (2) of this subsection and is working with the applicant in good faith. A custodian who denies the application shall: within 10 working days, give the applicant a written statement that gives: the reasons for the denial; if inspection is denied under § 4–343 of this title: a brief explanation of why the denial is necessary; and an explanation of why redacting information would not address the reasons for the denial; the legal authority for the denial; without disclosing the protected information, a brief description of the undisclosed record that will enable the applicant to assess the applicability of the legal authority for the denial; and notice of the remedies under this title for review of the denial; and allow inspection of any part of the record that is subject to inspection. A custodian may not ignore an application to inspect public records on the grounds that the application was intended for purposes of harassment. Any time limit imposed under this section: with the consent of the applicant, may be extended for not more than 30 days; and if the applicant or custodian seeks resolution of a dispute under Subtitle 1A or 1B of this title, shall be extended pending resolution of that dispute.

Except to the extent that the grant of an application is related to the status of the applicant as a person in interest and except as required by other law or regulation, the custodian may not condition the grant of an application on: the identity of the applicant; any organizational or other affiliation of the applicant; or a disclosure by the applicant of the purpose for an application. This section does not preclude an official custodian from considering the identity of the applicant, any organizational or other affiliation of the applicant, or the purpose for the application if: the applicant chooses to provide this information for the custodian to consider in making a determination under Subtitle 3, Part IV of this title; the applicant has requested a waiver of fees under § 4–206(e) of this subtitle; or the identity of the applicant, any organizational or other affiliation of the applicant, or the purpose for the application is material to the determination of the official custodian in accordance with § 4–206(e)(2) of this subtitle. Consistently with this section, an official may request the identity of an applicant for the purpose of contacting the applicant.

In this section, “metadata” means information, generally not visible when an electronic document is printed, describing the history, tracking, or management of the electronic document, including information about data in the electronic document that describes how, when, and by whom the data is collected, created, accessed, or modified and how the data is formatted. “Metadata” does not include: a spreadsheet formula; a database field; an externally or internally linked file; or a reference to an external file or a hyperlink. Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the custodian shall provide the applicant with: a copy, printout, or photograph of the public record; or if the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph. Except as provided in paragraph (2) of this subsection, the custodian of a public record shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: the public record is in a searchable and analyzable electronic format; the applicant requests a copy of the public record in a searchable and analyzable electronic format; and the custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose: confidential or protected information for which the custodian is required to deny inspection in accordance with Subtitle 3, Parts I through III of this title; or information for which a custodian has chosen to deny inspection in accordance with Subtitle 3, Part IV of this title. The State Department of Assessments and Taxation is not required to provide an applicant with a copy of the public record in a searchable and analyzable electronic format if the State Department of Assessments and Taxation has provided the public record to a contractor that will provide the applicant a copy of the public record in a searchable and analyzable electronic format for a reasonable cost. A custodian may remove metadata from an electronic document before providing the electronic document to an applicant by: using a software program or function; or converting the electronic document into a different searchable and analyzable format. This subsection may not be construed to: require the custodian to reconstruct a public record in an electronic format if the custodian no longer has the public record available in an electronic format; allow a custodian to make a public record available only in an electronic format; require a custodian to create, compile, or program a new public record; or require a custodian to release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained. If a public record exists in a searchable and analyzable electronic format, the act of a custodian providing a portion of the public record in a searchable and analyzable electronic format does not constitute creating a new public record. The copy, printout, or photograph shall be made: while the public record is in the custody of the custodian; and whenever practicable, where the public record is kept. The official custodian may set a reasonable time schedule to make copies, printouts, or photographs.

In this section the following words have the meanings indicated. “Indigent” means an individual’s family household income is less than 50% of the median family income for the State as reported in the Federal Register. “Reasonable fee” means a fee bearing a reasonable relationship to the recovery of actual costs incurred by a governmental unit. Subject to the limitations in this section, the official custodian may charge an applicant a reasonable fee for: the search for, preparation of, and reproduction of a public record prepared, on request of the applicant, in a customized format; and the actual costs of the search for, preparation of, and reproduction of a public record in standard format, including media and mechanical processing costs. The staff and attorney review costs included in the calculation of actual costs incurred under this section shall be prorated for each individual’s salary and actual time attributable to the search for and preparation of a public record under this section. The official custodian may not charge a fee for the first 2 hours that are needed to search for a public record and prepare it for inspection. If another law sets a fee for a copy, an electronic copy, a printout, or a photograph of a public record, that law applies. The official custodian may charge for the cost of providing facilities for the reproduction of the public record if the custodian did not have the facilities. The official custodian may waive a fee under this section if: the applicant asks for a waiver; and the applicant is indigent and files an affidavit of indigency; or after consideration of the ability of the applicant to pay the fee and other relevant factors, the official custodian determines that the waiver would be in the public interest. If the custodian of a public record for a local school system charges an applicant a fee under subsection (b) of this section, the custodian shall provide written notice to the applicant that the applicant may file a complaint with the Board to contest the fee.