Chapter 03. Complaint Process — Custodians
Regulation .01 Filing a Complaint.LinkCopy Citation
A.
A custodian may file a complaint with the Board within 30 days after receiving a Final Determination from the Ombudsman that a 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 custodian.
C.
The substance of the complaint shall, at minimum:
(1)
Identify the applicant that is the subject of the complaint;
(2)
Describe the action of the applicant, the date of the action, and the circumstance of the action, including:
(a)
The number and scope of the applicant’s past requests, if any;
(b)
The custodian’s responses to past requests, if any; and
(c)
Efforts to cooperate with the applicant; and
(3)
Explain why, in the custodian’s opinion, the applicant’s request or pattern of requests is frivolous, vexatious, or in bad faith.
D.
A complaint may be filed by email or regular mail.
Regulation .02 Documents Attached to Complaint.LinkCopy Citation
A.
If available, a custodian 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.
A custodian 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 applicant identified in the complaint; and
(2)
Request that the applicant send a response to the Board.
B.
An applicant shall file a written response to a complaint within 30 days after receiving the complaint and request for a response from the Board.
C.
An applicant shall send a copy of the response to the custodian.
Regulation .04 Reply to Response.LinkCopy Citation
A.
The Board may, in its discretion, permit the custodian to file a reply to the applicant’s response.
B.
If permitted to file a reply, the custodian shall:
(1)
File the reply within 15 days after receiving the applicant’s response; and
(2)
Send a copy of the reply to the applicant.
Regulation .05 Effect of Failure to Respond.LinkCopy Citation
If a written response from an applicant is not received within 30 days after the Board notifies the applicant 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 communications or 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
A custodian 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 custodian received the Ombudsman’s Final Determination; or
(3)
The complaint is not signed by the custodian.
B.
If the Board dismisses a complaint because it is not signed by the custodian, the custodian 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 applicant’s response to a complaint, and a reply to the applicant’s response are public records of the Board subject to inspection under the Act.
Chapter annotations
Authority: General Provisions Article, §§4-1A-04(b) and (c), 4-1A-05, and 4-1A-06, Annotated Code of Maryland
History: Effective date: June 13, 2022 (49:12 Md. R. 641)