<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 04.01.01.11" title_num="04" subtitle_num="01" chapter_num="01" heading="Review of the Denial.">
  <paragraph num="A.">
    <text>If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by State Government Article, Title 10, Subtitle 2. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.</text>
  </paragraph>
</regulation>