An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if:

1. A. The official custodian believes that disclosure is contrary to:

   1. (1) The public interest;
   2. (2) In a child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or
   3. (3) In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and

2. B. One of the following circumstances exists:

   1. (1) A State or federal statute or regulation, a Maryland Rule of Procedure, or a court order gives the custodian discretion to deny disclosure,
   2. (2) The official custodian determines, after consulting with counsel, that the record is subject to an attorney-client, attorney work-product, executive, or other privilege,
   3. (3) The information requested consists of specific details of a research project conducted by a State agency, except that the name, title, expenditures, and availability date of the final project summary shall be disclosed upon request, or
   4. (4) The record concerns a law enforcement investigation, or is an investigatory file compiled for a law enforcement, judicial, or prosecution purpose, to the extent permitted by State Government Article, §10-618, Annotated Code of Maryland.

Authority: Article 88A, §§5 and 6; State Government Article, §10-611 et seq.; Article 41, Title 6; Annotated Code of Maryland

Effective date: March 11, 1985 (12:5 Md. R. 481)

Regulations .01—.12, Access to Public Records, repealed effective October 28, 1991 (18:21 Md. R. 2306)

Regulations .01—.12, Confidentiality of Records, adopted effective October 28, 1991 (18:21 Md. R. 2306)

Regulation .04C, F amended effective May 24, 1993 (20:10 Md. R. 849)

Regulation .05B amended effective May 24, 1993 (20:10 Md. R. 849)

Chapter revised effective June 28, 1999 (26:13 Md. R. 1018)

Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)