Current through Register Vol. 51, No. 19, September 20, 2024
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.
