Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 02 - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD
Chapter 14.02.07 - Decisions of Board
Section 14.02.07.04 - Remedies

Universal Citation: MD Code Reg 14.02.07.04

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

A. If the Board finds that a custodian has denied inspection of all or part of a public record in violation of the Act, the Board may order the custodian to produce the public record for inspection.

B. If the Board finds that a custodian charged an unreasonable fee or charged an unreasonable estimated fee under General Provisions Article, § 4-206, Annotated Code of Maryland, the Board may order the custodian to reduce the fee or estimated fee to an amount the Board determines is reasonable and refund the difference, if applicable.

C. Remedies for Custodian's Failure to Respond.

(1) If the Board finds that a custodian failed to respond to a request for a public record within the time limits established under General Provisions Article, § 4-203(a) or (d), Annotated Code of Maryland, the Board may order the custodian to promptly respond.

(2) The Board may order a custodian to waive all or part of the fee that the custodian is entitled to charge under General Provisions Article, § 4-206, Annotated Code of Maryland, if:
(a) The Board finds that a custodian failed to respond to a request for a public record within the time limits established under General Provisions Article, § 4-203(a) or (d), Annotated Code of Maryland; and

(b) The Board includes its reasons for ordering the waiver in its written decision.

D. If the Board finds that an applicant's request is frivolous, vexatious, or in bad faith based on the totality of the circumstances, the Board may issue an order authorizing the custodian to:

(1) Ignore the request that is the subject of the custodian's complaint;

(2) Ignore any future requests that are substantially the same as the request that is the subject of the custodian's complaint; or

(3) Respond to a less burdensome version of the request within a time frame that the Board determines is reasonable.

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