Chapter 05. Access to Public Records

These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.

A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.

The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record may be required to provide the Office with a receipt for materials provided.

A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.

A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.

Unless prohibited by law, the Office custodian may notify any person who could be adversely affected by disclosure of a record to the applicant, that a request for inspection or copying of a record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.

If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location of the record.

If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.

If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances which led to the custodian's inability to produce the record.

If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.

If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Office custodian in the same manner provided for service of process by the Maryland Rules of Procedure.

An applicant may inspect any public record during the normal working hours of the Office.

The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.