# COMAR Title 14 — Independent Agencies

## Subtitle 37 — Office of the Public Ombudsman

### Chapter 04 — Disputed Public Records

**Authority:** General Provisions Article, §§4-1B-01—4-1B-04, Annotated Code of Maryland

**Administrative History:** Effective date: June 17, 2019 (46:12 Md. R. 547)

**Administrative History:** Regulation .02 amended effective September 18, 2023 (50:18 Md. R. 800)

#### Regulation .01 Ombudsman’s Review of Disputed Public Records.

*COMAR 14.37.04.01*

A. When the dispute involves a custodian’s application of an exemption to a public record or part of a public record, the Ombudsman may request the custodian to submit the disputed public record or part of a public record to the Ombudsman for review.

B. A custodian may not be compelled to disclose to the Ombudsman a public record or part of a public record in the custodian’s custody.

C. A custodian’s voluntary submission of a public record or part of a public record for review under this chapter may not be construed as a waiver of:

  (1) Any privilege held by the custodian; or

  (2) Any assertion of confidentiality under the Act.

#### Regulation .02 Confidentiality of Disputed Public Records.

*COMAR 14.37.04.02*

A. The Ombudsman shall strictly maintain the confidentiality of any public record or part of a public record submitted for review under this chapter, and may not disclose any such public record or part of a public record to another party without the written permission of the custodian.

B. The Ombudsman shall take reasonable steps to segregate confidential records in such a way that their confidence is maintained.

C. Upon the conclusion of a mediation involving the Ombudsman’s review of disputed public records, the Ombudsman shall return or destroy the disputed public records.