- A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, 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 State Government Article, Title 10, Subtitle 2. 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 §10-623 of the Act.
- D. If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.
Authority: State Government Article, §§10-611—10-630, Annotated Code of Maryland
Effective date: January 30, 1975 (2:4 Md. R. 222)
Chapter recodified from COMAR 04.03.01 to 04.01.01
Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)
Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196)
Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344)