Regulation .07 Discretionary Denial of Request for Disclosure of Records.
Regulation .07 Discretionary Denial of Request for Disclosure of Records.LinkCopy Citation
An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if:
A.
The official custodian believes that disclosure is contrary to:
(1)
The public interest;
(2)
In a child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or
(3)
In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and
B.
One of the following circumstances exists:
(1)
A State or federal statute or regulation, a Maryland Rule of Procedure, or a court order gives the custodian discretion to deny disclosure,
(2)
The official custodian determines, after consulting with counsel, that the record is subject to an attorney-client, attorney work-product, executive, or other privilege,
(3)
The information requested consists of specific details of a research project conducted by a State agency, except that the name, title, expenditures, and availability date of the final project summary shall be disclosed upon request, or
(4)
The record concerns a law enforcement investigation, or is an investigatory file compiled for a law enforcement, judicial, or prosecution purpose, to the extent permitted by State Government Article, §10-618, Annotated Code of Maryland.