Md. Code Regs. 26.01.04.11

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

Section 26.01.04.11 - Review of the Denial

A. If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the written notification of denial.

B. If a hearing is requested by the applicant, the hearing shall be a contested case hearing. The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 26.01.02.

C. If the administrative hearing results in a total or partial denial of the written request, the applicant may then 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 the administrative remedy.

Md. Code Regs. 26.01.04.11