Chapter 02. Complaint Process — Applicants
Regulation .01 Filing a Complaint.LinkCopy Citation
A.
An applicant or the applicant’s designated representative may file a complaint with the Board within 30 days after receiving a Final Determination from the Ombudsman that a specific dispute has not been resolved.
B.
The complaint shall:
(1)
Pertain only to the dispute described in the Final Determination;
(2)
Be submitted in writing; and
(3)
Be signed by the applicant.
C.
The substance of the complaint shall, at minimum:
(1)
Identify the custodian that is the subject of the complaint; and
(2)
Describe the action of the custodian, the date of the action, and the circumstances of the action.
D.
A complaint may be filed by email or regular mail.
Regulation .02 Documents Attached to Complaint.LinkCopy Citation
A.
If available, an applicant shall attach to the complaint:
(1)
A copy of the original request for a public record;
(2)
A copy of the custodian’s response; and
(3)
The Ombudsman’s Final Determination.
B.
An applicant may attach to the complaint additional documents relevant to the dispute, including correspondence between the applicant and the custodian.
Regulation .03 Response to Complaint.LinkCopy Citation
A.
Upon receipt of a complaint, the Board shall:
(1)
Promptly send the complaint to the custodian identified in the complaint; and
(2)
Request that the custodian send a response to the Board.
B.
A custodian shall file a written response to a complaint within 30 days after receiving the complaint and request for a response from the Board.
C.
Complaints Alleging that a Custodian Denied Inspection of a Public Record in Violation of the Act.
(1)
If a complaint alleges that a custodian denied inspection of a public record in violation of the Act, the custodian’s response shall, to the extent relevant to the dispute:
(a)
Explain why denial was necessary;
(b)
Explain why redacting information would not address the reasons for denial;
(c)
Provide the legal authority for the denial; and
(d)
Without disclosing protected information or creating a descriptive index, provide a brief description of the undisclosed records that allows the Board to assess the applicability of the legal authority for the denial.
(2)
If the custodian’s response to the applicant’s request for public records contains all of the information required by §C(1) of this regulation, then it is sufficient for the custodian to attach the response.
D.
If a complaint alleges that a custodian charged an unreasonable fee or charged an unreasonable estimated fee of more than $350 under General Provisions Article, §4-206, Annotated Code of Maryland, the response shall, to the extent relevant to the dispute, include:
(1)
The hourly salary rates for the staff who responded or who are likely to respond to the applicant’s request for a public record;
(2)
The number of hours expended by each staff, or the number of hours the custodian anticipates will be expended by each staff, to respond to the applicant’s request for a public record;
(3)
A description of the tasks each staff performed or is likely to perform to respond to the applicant’s request for public records; and
(4)
An explanation of how fees for reproduction of the records are calculated.
E.
If a complaint alleges that a custodian failed to respond to a request for a public record within the time limits established by General Provisions Article, §4-203(a) or (d), Annotated Code of Maryland, the response shall, to the extent relevant to the dispute:
(1)
Provide the date and nature of correspondence with the applicant, if any;
(2)
Describe the circumstances that prevented the custodian from responding in a timely manner; and
(3)
Explain how the custodian intends to respond to the applicant’s request for public records.
F.
A custodian may not attach to its response records that it claims are confidential, privileged, or otherwise exempt from disclosure.
G.
A custodian shall send a copy of the response to the applicant.
Regulation .04 Reply to Response.LinkCopy Citation
A.
The Board may, in its discretion, permit the applicant to file a reply to the custodian’s response.
B.
If permitted to file a reply, the applicant shall:
(1)
File the reply within 15 days after receiving the custodian’s response; and
(2)
Send a copy of the reply to the custodian.
Regulation .05 Effect of Failure to Respond.LinkCopy Citation
If a written response from a custodian is not received within 30 days after the Board notifies the custodian of the complaint and requests a response and the Board has not requested any additional information, the Board shall decide the case on the facts before it.
Regulation .06 Transfer of Information from Ombudsman.LinkCopy Citation
A.
The Ombudsman may transfer basic information about a dispute to the Board, including:
(1)
The identity of the applicant and custodian;
(2)
A brief summary of the nature of the dispute; and
(3)
A copy of the Final Determination relevant to the complaint.
B.
Confidential Communications or Information.
(1)
The Ombudsman may not disclose to the Board any confidential mediation communications or mediation information, defined in COMAR 14.37.01.01B(8) and (10), that are made or received in the course of attempting to resolve a dispute.
(2)
The Ombudsman may disclose confidential communications or information referenced in §B(1) of this regulation if all parties have consented to the disclosure in writing.
Regulation .07 Withdrawal of Complaint.LinkCopy Citation
An applicant may withdraw a complaint at any time until the Board’s decision is issued.
Regulation .08 Dismissal of Complaint.LinkCopy Citation
A.
The Board shall dismiss a complaint if:
(1)
The Board lacks jurisdiction to review the complaint;
(2)
The complaint is filed more than 30 days after the applicant received the Ombudsman’s Final Determination; or
(3)
The complaint is not signed by the applicant.
B.
If the Board dismisses a complaint because it is not signed by the applicant, the applicant may refile a signed complaint within the same 30 days of receiving the Final Determination from the Ombudsman.
Regulation .09 Effect of Filing.LinkCopy Citation
A complaint, the custodian’s response to a complaint, and a reply to the custodian’s response are public records of the Board subject to inspection under the Act.
Chapter annotations
Authority: General Provisions Article, §§4-1A-04(a) and (c), 4-1A-05, and 4-1A-06, Annotated Code of Maryland
History: Effective date: June 13, 2022 (49:12 Md. R. 641)