# COMAR Title 14 — Independent Agencies

## Subtitle 02 — State Public Information Act Compliance Board

### Chapter 05 — Request for Records or Additional Information

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

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

#### Regulation .01 Form of Request.

*COMAR 14.02.05.01*

A. The Board may send a request for additional information by email or regular mail.

B. The Board shall send a copy of a request for additional information to all parties.

C. The Board may direct the party providing the additional information to send a copy of the additional information provided in response to the Board’s request to the other party.

#### Regulation .02 Request for Custodian’s Response to Request for Public Record.

*COMAR 14.02.05.02*

If a complaint alleges that a custodian failed to respond to a request for a public record within the time limits established under General Provisions Article, §4-203(a) or (d), Annotated Code of Maryland, the Board may request the response to the request for a public record.

#### Regulation .03 Requests Related to Public Records.

*COMAR 14.02.05.03*

A. If a complaint alleges that a custodian denied inspection of a public record in violation of the Act, the Board may request that the custodian provide, as appropriate in the Board’s discretion:

  (1) A copy of the public record for in camera inspection, unless the custodian’s response to the request for a public record indicated that inspection was denied under General Provisions Article, §4-301(a)(2)(ii), Annotated Code of Maryland;

  (2) A descriptive index of the public record; or

  (3) A written reason why the record cannot be disclosed.

B. The Board shall maintain the confidentiality of records or information provided under §A of this regulation.

#### Regulation .04 Request for Basis for Fee Charged.

*COMAR 14.02.05.04*

If a complaint alleges that a custodian charged an unreasonable fee or estimated fee under General Provisions Article, §4-206, Annotated Code of Maryland, the Board may request that the custodian provide more information about the basis for the fee or estimated fee charged.

#### Regulation .05 Frivolous, Vexatious, or Bad Faith Requests.

*COMAR 14.02.05.05*

If necessary to resolve the complaint, the Board may request more information related to an alleged frivolous, vexatious, or bad faith request, including information about the applicant’s pattern or history of requests.

#### Regulation .06 Request for Affidavit or Statement.

*COMAR 14.02.05.06*

The Board may request that a custodian or applicant provide an affidavit, in the form provided by Maryland Rule 1-304, or a statement containing the facts that are at issue in the complaint.

#### Regulation .07 Timing.

*COMAR 14.02.05.07*

A. The Board shall request additional records or information, if needed, as soon as practicably possible.

B. A custodian or applicant shall send to the Board the additional records or information requested as soon as practicably possible after receipt of the Board’s request, but no later than 30 days after receipt of the request.