<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".20" citation="COMAR 14.03.05.20" title_num="14" subtitle_num="03" chapter_num="05" heading="Review of the Denial of Public Information Act Requests.">
  <paragraph num="A.">
    <text>Request for Review.</text>
    <paragraph num="(1)">
      <text>If a written application is denied by the custodian for a reason other than the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request administrative review of the denial, as described in §A(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant shall request administrative review of denial of application for information by filing a written request within 30 days of the denial with the Chairperson of the Commission on Human Relations.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the written request for review, the applicant shall:</text>
      <paragraph num="(a)">
        <text>State their name;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sign the request;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Identify, by brief description, the record sought; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Include a copy of the writing from the custodian denying the request.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The chairperson shall issue the final decision of the Commission within 60 days of the request for review, unless the applicant requests a hearing as described in §A(5) of this regulation.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Request for Administrative Hearing.</text>
      <paragraph num="(a)">
        <text>If the applicant requests a hearing, the hearing shall be conducted by an administrative law judge designated by the chairperson.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The hearing shall be governed by the Commission's rules of procedure pursuant to COMAR 14.03.01.11G.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>After the hearing, the administrative law judge shall prepare a recommended decision for the chairperson.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The chairperson shall issue the final decision of the Commission within 60 days of the date of the hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Request for Judicial Enforcement. If the applicant chooses not to request administrative review under §A(1) of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy, as provided by State Government Article, §§10-622 and 10-623, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Disclosure Against Public Interest.</text>
    <paragraph num="(1)">
      <text>If, in the opinion of the Executive Director, disclosure of a public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Executive Director may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate court for an order permitting continued denial or restriction of access.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of an application filed with the circuit court shall be served on the applicant in the manner that is provided for service of process by the Maryland Rules of Procedure.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Fees.</text>
    <paragraph num="(1)">
      <text>The custodian shall provide copies, printouts, or photographs only upon payment of the applicable fee by the applicant.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The fees to be charged for any copies, printouts, or photographs shall be established by the Executive Director.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>In a case as described in §C(3) of this regulation, the custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the costs or demand prepayment of any estimated fee before reproducing the record.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The official custodian may charge reasonable fees for an official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying, except for the first 2 hours of official or employee time that is needed to respond to a request for information.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Fee Waiver or Reduction.</text>
      <paragraph num="(a)">
        <text>Upon request, the official custodian may waive or reduce any fee charged pursuant to this section if the custodian determines that the waiver or reduction is in the public interest.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The custodian shall consider, among other relevant factors, the ability of the applicant to pay the costs or fee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the costs of postage or delivery to the applicant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Time of Inspection. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Commission.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines another place of inspection is more suitable and convenient.</text>
  </paragraph>
</regulation>