Chapter 02. Public Information Requests

Terms appearing in the Public Information Act shall have the meanings defined there and, in addition, the meaning used in these regulations.

Terms Defined.

A person may request to inspect or copy any public record that is in the custody and control of the Authority and which, under the provisions of the Public Information Act, the Authority is required to make available to the public.

Requests for public records shall:

If the custodian decides to grant a written request for inspection, the custodian shall produce the record, or a copy, for inspection within a reasonable time not to exceed 30 days from the date of receipt of the request.

If the custodian decides to deny the request, the custodian shall do so within 30 days of receipt of the written request and, immediately upon deciding to deny the request, shall notify the applicant of the denial. Any reasonably severable portion of a record shall be provided after deletion of those portions which may be withheld from disclosure. Within 10 working days of the denial, the custodian shall give the applicant a written statement that gives the reasons and legal authority for the denial and contains a notice of the remedies for review of the denial.

If a requested public record is not in the custody or control of the person to whom the written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant. If the person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period not to exceed 30 days.

The custodian, unless prohibited by law, may notify an individual who could be adversely affected by:

In cases of permissive disclosure, the custodian may consider the views of the person before deciding whether to disclose the record to the public.

If the written request is denied by the custodian, the applicant may, within 30 days after receipt of denial, request an administrative hearing on the denial.

If a hearing is requested by the applicant the hearing shall be conducted by a hearing officer designated by the Executive Director. After the hearing the hearing officer shall prepare a recommended decision which shall be submitted to the Executive Director.

If the administrative hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.

The applicant may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy of §A of this regulation.

If, in the opinion of the Executive Director, disclosure of any public record which is otherwise required to be disclosed under the Public Information Act will do substantial injury to the public interest, the Executive Director may:

Notice of the application filed with the circuit court shall be served upon the applicant in the same manner provided for service of process by the Maryland Rules of Procedure.

The Authority may charge reasonable fees as determined from time to time. As of July 1, 1991 fees to be charged under this chapter are in accordance with the following fee schedule:

Notwithstanding §A of this regulation, if any fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by law other than the Public Information Act or this regulation the specific fee contained in that law shall determine the amount charged for that record.

If the custodian is unable to copy a record within the Authority, the custodian shall make arrangements for the reproduction of the record at public or private facilities outside the Authority. The custodian shall either collect from the applicant a fee which is sufficient to pay the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

Before copying a record, the custodian shall estimate the cost of copying and obtain the agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before copying a record. If prepayment is required, the time limitations contained elsewhere in these regulations may not commence until the payment is made.

Upon request the custodian may waive or reduce any fee charged under this regulation if:

If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.