Md. Code Regs. 23.01.04.05

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

Section 23.01.04.05 - Custodian's Response to Application

A. The custodian shall determine:

(1) Whether a written application is required.

(2) Whether the record is in the custodian's custody.

(3) Whether the record can be disclosed to the applicant.

(4) Whether the applicant is a person in interest, if the record may be disclosed only to a person in interest. The custodian may require documentation from the applicant to support the claim that the applicant is a person in interest.

B. Decision to Grant or Deny.

(1) Within 30 days after receiving an application, the custodian shall grant or deny the application.

(2) Grant. If the custodian decides to grant an application for inspection, the record shall be produced immediately or within a reasonable period, not to exceed 30 days, after receipt of the request, if that time is needed to retrieve the information.

(3) Denial.

(a) Once a final decision to deny the application is made, the custodian shall immediately notify the applicant.

(b) Within 10 working days of the decision, the custodian shall give the applicant a written statement of the reasons for the denial, the legal authority for the denial, and the remedies available for review of the denial.

(4) Partial Grant. The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from those parts not subject to inspection.

C. Custody and Control of the Record. If the record is not in the custody or control of the custodian, the custodian shall notify the applicant within 10 working days after the receipt of the request and, if known, the identity and location of the actual custodian.

D. Record Temporarily Unavailable. If the record is temporarily unavailable, the custodian shall notify the applicant within 10 working days after receipt of the request and tell the applicant the date on which the record is expected to become available.

E. Record Lost or Destroyed. If the custodian determines that the record is lost or destroyed, the applicant shall be notified within 10 working days after receipt of the request.

F. Extension of Time Limits. With the consent of the applicant, any time period imposed by the Act may be extended for an additional period not to exceed 30 days.

Md. Code Regs. 23.01.04.05