<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 24.01.01.10" title_num="24" subtitle_num="01" chapter_num="01" heading="Review of a Denial.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>