Md. Code Regs. 17.02.01.12

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

Section 17.02.01.12 - Review of the Denial

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

B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.

C. If the 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.

D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, § 10-623, Annotated Code of Maryland, without exhausting that administrative remedy.

Md. Code Regs. 17.02.01.12