Md. Code Regs. 14.02.02.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.02.02.03 - Response to Complaint

A. Upon receipt of a complaint, the Board shall:

(1) Promptly send the complaint to the custodian identified in the complaint; and

(2) Request that the custodian send a response to the Board.

B. A custodian shall file a written response to a complaint within 30 days after receiving the complaint and request for a response from the Board.

C. Complaints Alleging that a Custodian Denied Inspection of a Public Record in Violation of the Act.

(1) If a complaint alleges that a custodian denied inspection of a public record in violation of the Act, the custodian's response shall, to the extent relevant to the dispute:

(a) Explain why denial was necessary;

(b) Explain why redacting information would not address the reasons for denial;

(c) Provide the legal authority for the denial; and

(d) Without disclosing protected information or creating a descriptive index, provide a brief description of the undisclosed records that allows the Board to assess the applicability of the legal authority for the denial.

(2) If the custodian's response to the applicant's request for public records contains all of the information required by §C(1) of this regulation, then it is sufficient for the custodian to attach the response.

D. If a complaint alleges that a custodian charged an unreasonable fee or charged an unreasonable estimated fee of more than $350 under General Provisions Article, § 4-206, Annotated Code of Maryland, the response shall, to the extent relevant to the dispute, include:

(1) The hourly salary rates for the staff who responded or who are likely to respond to the applicant's request for a public record;

(2) The number of hours expended by each staff, or the number of hours the custodian anticipates will be expended by each staff, to respond to the applicant's request for a public record;

(3) A description of the tasks each staff performed or is likely to perform to respond to the applicant's request for public records; and

(4) An explanation of how fees for reproduction of the records are calculated.

E. If a complaint alleges that a custodian failed to respond to a request for a public record within the time limits established by General Provisions Article, § 4-203(a) or (d), Annotated Code of Maryland, the response shall, to the extent relevant to the dispute:

(1) Provide the date and nature of correspondence with the applicant, if any;

(2) Describe the circumstances that prevented the custodian from responding in a timely manner; and

(3) Explain how the custodian intends to respond to the applicant's request for public records.

F. A custodian may not attach to its response records that it claims are confidential, privileged, or otherwise exempt from disclosure.

G. A custodian shall send a copy of the response to the applicant.

Md. Code Regs. 14.02.02.03

Regulation .03 adopted effective 49:12 Md. R.641, eff. 6/13/2022