Chapter 07. Decisions of Board
Regulation .01 Written Decision.LinkCopy Citation
A.
The Board shall issue a written decision.
B.
In its written decision, the Board shall refer to any confidential records or information in accordance with COMAR 14.02.06.05.
C.
A decision of the Board may state that it is unable to resolve the complaint.
D.
The Board shall send a copy of the written decision to the complainant and the affected custodian or applicant.
E.
The Board may send to any custodian in the State any written decision that will provide the custodian with guidance on compliance with the Act.
F.
As required by statute, the Attorney General shall post on the website of the Office of the Attorney General all of the Board’s written decisions.
Regulation .02 Timing Generally.LinkCopy Citation
A.
Except as provided in Regulation .03 of this chapter, the Board shall issue a written decision within 30 days after receiving the written response, a reply, if filed, and all records or information requested under COMAR 14.02.05.
B.
Except as provided in Regulation .03 of this chapter, if the Board holds an informal conference under COMAR 14.02.04, the Board shall issue a written decision within 30 days after the informal conference.
Regulation .03 Statement of Delay.LinkCopy Citation
A.
If the Board is unable to issue a decision within the time periods specified in Regulation .02 of this chapter, it shall state in writing the reason for its inability to issue a decision.
B.
The Board shall issue a decision as soon as possible, but no later than 120 days after the filing of the complaint.
Regulation .04 Remedies.LinkCopy Citation
A.
If the Board finds that a custodian has denied inspection of all or part of a public record in violation of the Act, the Board may order the custodian to produce the public record for inspection.
B.
If the Board finds that a custodian charged an unreasonable fee or charged an unreasonable estimated fee under General Provisions Article, §4-206, Annotated Code of Maryland, the Board may order the custodian to reduce the fee or estimated fee to an amount the Board determines is reasonable and refund the difference, if applicable.
C.
Remedies for Custodian’s Failure to Respond.
(1)
If the Board finds 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 order the custodian to promptly respond.
(2)
The Board may order a custodian to waive all or part of the fee that the custodian is entitled to charge under General Provisions Article, §4-206, Annotated Code of Maryland, if:
(a)
The Board finds 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; and
(b)
The Board includes its reasons for ordering the waiver in its written decision.
D.
If the Board finds that an applicant’s request is frivolous, vexatious, or in bad faith based on the totality of the circumstances, the Board may issue an order authorizing the custodian to:
(1)
Ignore the request that is the subject of the custodian’s complaint;
(2)
Ignore any future requests that are substantially the same as the request that is the subject of the custodian’s complaint; or
(3)
Respond to a less burdensome version of the request within a time frame that the Board determines is reasonable.
Regulation .05 Appeal Rights.LinkCopy Citation
A.
A complainant or custodian may appeal the Board’s decision in accordance with General Provisions, §4-362(a)(2), Annotated Code of Maryland.
B.
An appeal filed pursuant to §A of this regulation automatically stays the Board’s decision pending the circuit court’s decision.
C.
A party may not appeal a decision of the Board that states that the Board is unable to resolve the complaint.
Chapter annotations
Authority: General Provisions Article, §§4-1A-04, 4-1A-07, and 4-362(a)(2), Annotated Code of Maryland
History: Effective date: June 13, 2022 (49:12 Md. R. 641)