<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 05.01.02.12" title_num="05" subtitle_num="01" chapter_num="02" heading="Review of the Denial.">
  <paragraph num="A.">
    <text>If the written request is denied by the custodian, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If a hearing is requested by the applicant, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by COMAR 05.01.01. After the hearing the hearing officer shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the final decision of the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If the administrative 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>The applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting the administrative remedy of §A, above.</text>
  </paragraph>
</regulation>