# COMAR Title 14 — Independent Agencies

## Subtitle 02 — State Public Information Act Compliance Board

### Chapter 03 — Complaint Process — Custodians

**Authority:** General Provisions Article, §§4-1A-04(b) and (c), 4-1A-05, and 4-1A-06, Annotated Code of Maryland

**Administrative History:** Effective date: June 13, 2022 (49:12 Md. R. 641)

#### Regulation .01 Filing a Complaint.

*COMAR 14.02.03.01*

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.

*COMAR 14.02.03.02*

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.

*COMAR 14.02.03.03*

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.

*COMAR 14.02.03.04*

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.

*COMAR 14.02.03.05*

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.

*COMAR 14.02.03.06*

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.

*COMAR 14.02.03.07*

A custodian may withdraw a complaint at any time until the Board’s decision is issued.

#### Regulation .08 Dismissal of Complaint.

*COMAR 14.02.03.08*

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.

*COMAR 14.02.03.09*

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.