Regulation .10 Review of a Denial.

If the custodian denies a written request for a reason other than that the record is temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing.

If the requester requests a hearing, the hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings. After the hearing, the administrative law judge shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the Department's final decision.

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

The requester may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy set forth in this regulation.